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All other Green Card Issues I-140/I-485, Family Based Green Card |
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If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC. If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively. If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
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---------------------- "All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian." - Pat Paulsen |
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I am in the same boat as you, PM ed you, please reply
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Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.
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permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21. So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)? I believe this is the tack Company B lawyer is suggesting. Here's something I read on another lawyers website w.r.t. AC21: 1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company. 2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed. Thanks, Last edited by iv4gc; 07-29-2010 at 04:32 PM. |
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2. Title indicates same job 3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info, I think you can go ahead and file the 485 but dont explicitly mention AC21. I hope we all in the same boat should try out and see .. |
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