AC21 before 180 days of filling I485

[texasresi]

Hi Experts/Gurus,

I have an issue and was wondering if someone experienced can help me.

My PD is Jan 2010 and have I-140 approved as of Dec 2010 (I have all the approval notices also). My I485 was filled in March 2012 and I have received my EAD, AP and FP is also done.

Due to some personal reasons I have to take a new job with another company and will start with them as soon as all formalities are completed. Problem is that the new employer is not ready to wait till I complete my 180 days (ard September) and are fine with applying my labor/140 as soon as I join if required (but I dont want that) and provide me with all emp verification letter's required in case I need them.

Is there any possibility I can still retain my current 485 filling and get my GC with this filling or will have to start my application again?

What should I do in terms of below points:
- Join new company on EAD or do H1B transfer?

- When to invoke AC21? (wait for 180 days or do it immediately once I join new company)

- How to change the attorney who name is there on my I-485 file? If I dont invoke AC21 till 180 days and suppose my company does not revoke my I-140, do I need to change the lawyer whose name is there on my file? The reason I am asking this is in case I get RFE what will happen? Currently my attorney also get all letters/approvals from USCIS. I dont want them to take any action unnecessarily without my knowledge

- Should I tell new company to start Labor application irrespective what happens to my case?

- Also, I read in one of your post that if I-140 is approved for more than 1 year then its mine and I can retain my PD. Is that true? So my company wont be able to revoke my I-140? Mine is approved in Dec 2010.

Please give me as much information as you can...I dont have any idea on what I should be doing and really concerned of loosing my GC after coming so close to it.

Thanks in advance !!

TexasResi

[sonline]

I would suggest you to wait to use AC21 and manage diligently to use AC21 option and don't rush for any bad decision of job change and file new petition etc. As you said your filed filed in March, 180 days count applies from the date of USCIS received your petition.

Say your 485 application received and acknowledged on Mar 20th. Then count 180 days from March 20 and apply for AC21 for new job change. So should be good to change in June ending/July for new job. You can provide copy of your 485 ack to new employer and start AC21 process and move on.

[bandoayan]

Here is my opinionin red on your case based on Aytes memo:

Is there any possibility I can still retain my current 485 filling and get my GC with this filling or will have to start my application again?
Since Greencard is based on future job you are not required to work for your petitioning employer for 180 days. Hence you can change jobs before 180 days without jeopardizing your current I485 application.

What should I do in terms of below points:
- Join new company on EAD or do H1B transfer?
Use EAD to join the new company.
- When to invoke AC21? (wait for 180 days or do it immediately once I join new company)
The sole criteria for invoking AC21 is that the I485 petition should remain pending for 180 days and I140 should remain active. Hence you should invoke AC21 only after 180 day, if you do this before USCIS may reject your I485.

- How to change the attorney who name is there on my I-485 file? If I dont invoke AC21 till 180 days and suppose my company does not revoke my I-140, do I need to change the lawyer whose name is there on my file? The reason I am asking this is in case I get RFE what will happen? Currently my attorney also get all letters/approvals from USCIS. I dont want them to take any action unnecessarily without my knowledge

Changing Attorney is very easy, you need to file a new G28 form

- Should I tell new company to start Labor application irrespective what happens to my case?
You can ask them to start PERM as a backup in case your earlier employer revokes I140.

- Also, I read in one of your post that if I-140 is approved for more than 1 year then its mine and I can retain my PD. Is that true? So my company wont be able to revoke my I-140? Mine is approved in Dec 2010.
I am not sure of this one year rule, but once your I140 is approved the priority date is for yours to keep even if your earlier employer revokes I140.

[simple.life]

Just wait for 180 days that's the least risky of all the options in front of you.

[nj_suresh]

Hi,

My PD is March 2005 and filed I140 & I485 during July 2007, so its more than 180 days need to use AC21 portability. I got offer letter from another company with same job desciption but little less salary, which is for future job.

I read the answers from Ms. Judith
(My employer is trying to threatning me revoke my i-140 which - JustAnswer)
that anyone can work anywhere in between once left the current GC sponsored employer and until joning the future job employer(after invoke Ac21).

My question is once I left the current employer I got a job at a Hotel as a Manager which is totally different from my original job description in the LC and they gave me pay check after all tax deductions. Can I work with them until my I485 approval?

Here my pay check is from diffferent company not from GC sponsorer or AC21 sponsorer.
Is this will create problem?

I need every ones suggestions on this issue. Thanks!