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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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  #1 (permalink)  
Old 10-21-2007, 07:11 PM
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Default Changing employer after 180 days and adding spouse afterwards

Hello,

I was in a situation and thought someone might be able to help. I applied for I-485 in July 07 and I have already have approved I-140 thru employer A. If after 180 days I switch jobs to employer B by transfering my H-1 I assume that my I-485 would still be pending based on AC21.

Now if I get married after 180 days, on H-1 via employer B then can my spouse file for I-485 as derivative based on my pending application even if my previous employer cancels my I-140 after 180 days.
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Old 10-21-2007, 07:40 PM
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You can add your spouse..when your PD is or gets current!
__________________
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I-485: RD 07/07
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Old 10-21-2007, 08:24 PM
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Quote:
Originally Posted by ivvm View Post
You can add your spouse..when your PD is or gets current!
So as long as my PD is current and I have passed 180 days with the original employer , then my spouse can apply for I-485 after 180 days even though I may have switch jobs to various employers in the same job classification.

Thanks!
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  #4 (permalink)  
Old 10-21-2007, 09:38 PM
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ivvm will become famous soon enough ivvm will become famous soon enough
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Quote:
Originally Posted by hsm2007 View Post
So as long as my PD is current and I have passed 180 days with the original employer , then my spouse can apply for I-485 after 180 days even though I may have switch jobs to various employers in the same job classification.

Thanks!
180 days and changing employer is not related to the addition of your spouse! In order to add your spouse you need your PD to be current.
__________________
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IV Contributions so far: $300
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Old 10-21-2007, 10:38 PM
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Apr-06
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India
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I-485
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:
07/19/2007
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Join Date: Oct 2007
Posts: 31
hsm2007 is on a distinguished road
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Quote:
Originally Posted by ivvm View Post
180 days and changing employer is not related to the addition of your spouse! In order to add your spouse you need your PD to be current.
Thanks ivvm for the info.

I was confused and wanted to confirm because PD is based on the labor application filed by original employer and because we are no longer working for the original employer so even if the PD is current , I was not sure if it would be valid as a result of original employer revoking I-140 after 180 days. I know AC21 gives us this protection but was not sure if spouse could be added later in this scenario.

Anyway thanks for the info.
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