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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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Old 12-19-2012, 12:24 AM
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Under I485 pending. I got advance parloe on 05/23/2005 and expired on 05/23/2006 . I went back to visit my family and enter to US with the advance parloe on 02/01/2006 and got stamp on my passport with the date of 02/01/2007. After 9 days, I received the letter said I got denied of application as a derivative beneficiary of your spouse's application for residental which was denied on 02/10/2006.As his application for residence has been denied, your must be denied as well. In the absence of any indication that you are entitled to any other immigration classification you must, pursuant to section 203(f) of the Immigration and Nationality Act (the Act), be presumed ineligible for immigrant classification. Accordingly, you have not established that an immigrant visa is immediately available as required by section 245 of the Act, as amended. (please explain not sure what all these means). We left the US on 12/17/2006 until now. Was I unlawful present or overstay?Possible to go back?

Under I485 pending. I got advance parloe on 05/23/2005 and expired on 05/23/2006 . I went back to visit my family and enter to US with the advance parloe on 02/01/2006 and got stamp on my passport with the date of 02/01/2007. After 9 days, I received the letter said I got denied of application as a derivative beneficiary of your spouse's application for residental which was denied on 02/10/2006.As his application for residence has been denied, your must be denied as well. In the absence of any indication that you are entitled to any other immigration classification you must, pursuant to section 203(f) of the Immigration and Nationality Act (the Act), be presumed ineligible for immigrant classification. Accordingly, you have not established that an immigrant visa is immediately available as required by section 245 of the Act, as amended. (please explain not sure what all these means). We left the US on 12/17/2006 until now. Was I unlawful present or overstay?Possible to go back?

Last edited by pappu; 12-19-2012 at 06:46 AM.
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