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  #1 (permalink)  
Old 09-27-2012, 10:13 PM
Junior Member
Priority Date
:
May-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Nov 2008
Posts: 5
ddeepakkumar has a spectacular aura about ddeepakkumar has a spectacular aura about
Default AC21 and former employee revoking I140

Hi all

I have been working for a top 3 internet tech company for ~ 5 years. I am on H1B but have also applied for I485 change of status in Feb 2012. However, my I485 application is pending since the priority date has retrogressed to 2004 for Indian nationals and my priority date is May 2009.

I am considering the job offer for a nearly identical role and my understanding was that this was perfectly feasible since I meet the 3 conditions for AC21 portability.
1) job is very similar
2) it has been >180 days since I485 was filed (and is pending)
3) I-140 is approved

When I talked to my current co.'s lawyers about AC21, they mentioned that they would revoke I140 when I left the company. I have been reading conflicting reports on how this impacts EAD, AP, and GC application.

Could someone please give me a definitive answer?

thanks very much for your help.
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  #2 (permalink)  
Old 09-27-2012, 11:04 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
04/15/2011
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
05/01/2011
Compare
Join Date: Sep 2008
Posts: 104
simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute
Default

your petitioner cannot revoke your i-140, they can only withdraw it. Only uscis can revoke it for fraud etc.

i think you are ok to change.

Ask your new company's lawyers !
__________________
H1-B '01| EB-3 '04 | EB-2 '10 | GC '11
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  #3 (permalink)  
Old 09-27-2012, 11:07 PM
Junior Member
Priority Date
:
May-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Nov 2008
Posts: 5
ddeepakkumar has a spectacular aura about ddeepakkumar has a spectacular aura about
Default sorry, i meant "withdraw" not "revoke"

i was asking the new company's lawyers but the paralegal seemed to think that a fresh labor and I14-0 had to be filed, and that EAD and AP may not be valid.in short, she thought I could not port the EB2 over..
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  #4 (permalink)  
Old 09-27-2012, 11:17 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
04/15/2011
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
05/01/2011
Compare
Join Date: Sep 2008
Posts: 104
simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute simple.life has a reputation beyond repute
Default ac21 rule google it man!

In an instance where the applicant no longer intends to be employed by the employer who sponsored him/her on the I-140, the USCIS would request a letter of employment from the new employer. The letter from the new employer verifying that the job offer exists should contain the new job title, job description and salary. This information is necessary to determine whether the new job is in the same or similar occupation.


if the paralegal isnt understanding ac21 then ask to speak with the attorney
__________________
H1-B '01| EB-3 '04 | EB-2 '10 | GC '11
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