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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 11-20-2008, 01:27 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2008
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Join Date: May 2006
Posts: 170
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Default AC21 in same company for a new position?

I have i485 pending and working on EAD. H1b expired. I am on Eb3.

I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...

So can I take the promotion and use the EAD...Will I be using AC21
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  #2 (permalink)  
Old 11-20-2008, 01:31 PM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Apr 2008
Posts: 432
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Quote:
Originally Posted by beautifulMind View Post
I have i485 pending and working on EAD. H1b expired. I am on Eb3.

I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...

So can I take the promotion and use the EAD...Will I be using AC21
I would suggest you to check with a good lawyer, as both Job duties and Job title both are changing for you, this might be iffy for AC21.

By the way, if you have not done, whenever you get a chance please mail letter against AC21 cases getting wrongful denials(IV action item).
Thanks
GCCovet
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
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  #3 (permalink)  
Old 11-20-2008, 02:56 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2008
Compare
Join Date: May 2006
Posts: 170
beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute beautifulMind has a reputation beyond repute
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But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
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  #4 (permalink)  
Old 11-20-2008, 03:00 PM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Apr 2008
Posts: 432
gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute
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Quote:
Originally Posted by beautifulMind View Post
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
****************************************
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.

****************************************
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  #5 (permalink)  
Old 11-20-2008, 03:01 PM
sc3 sc3 is offline
Senior Member
Priority Date
:
Aug-05
Category
:
EB3
I140 Mailed Date
:
08/01/2004
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 217
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Quote:
Originally Posted by beautifulMind View Post
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
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