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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 12-05-2007, 06:44 PM
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Default After AC21 and "original" company goes bankrupt

Hi all,
Assume that I have the following:

- I-485 has been filed for more than 180 days
- I-140 approved
- AP and EAD received
- FP done
- EB3 and priority date NOT current

I then use AC21 to port my I-140 (and the entire GC process) to another company (no problem so far). Let's say it takes 5 years before my priority is current and then I receive the GC.

My question is since greencard is for future employment, what will happen if the company that originally filed my GC goes out of business? How can I "expect" to work for the company since the company and position is no longer around?

Thanks again everyone...


Fittan
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  #2 (permalink)  
Old 12-05-2007, 06:53 PM
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Default

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Originally Posted by fittan View Post
Hi all,
Assume that I have the following:

- I-485 has been filed for more than 180 days
- I-140 approved
- AP and EAD received
- FP done
- EB3 and priority date NOT current

I then use AC21 to port my I-140 (and the entire GC process) to another company (no problem so far). Let's say it takes 5 years before my priority is current and then I receive the GC.

My question is since greencard is for future employment, what will happen if the company that originally filed my GC goes out of business? How can I "expect" to work for the company since the company and position is no longer around?

Thanks again everyone...


Fittan
when you use AC-21 to port, you are porting the 'future employment' company from old one to new one. SO its important that your new job offer be valid, and that company be around when its time for the 485 approval. Old company does not matter 180 days past 485 filing (if your I-140 is approved and no fraud was involved in any paperwork)
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  #3 (permalink)  
Old 12-05-2007, 07:01 PM
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Default Doesnt matter

Quote:
Originally Posted by fittan View Post
Hi all,
Assume that I have the following:

- I-485 has been filed for more than 180 days
- I-140 approved
- AP and EAD received
- FP done
- EB3 and priority date NOT current

I then use AC21 to port my I-140 (and the entire GC process) to another company (no problem so far). Let's say it takes 5 years before my priority is current and then I receive the GC.

My question is since greencard is for future employment, what will happen if the company that originally filed my GC goes out of business? How can I "expect" to work for the company since the company and position is no longer around?

Thanks again everyone...


Fittan
Once you starting working for new company and use AC21 the old company's existence does not matter.

Letting the USCIS know about porting your job using AC21 portabililty is optional but most lawyers recommend it. If you are going to hire your new lawyer then might as well file the AC21 job switch along with new G-28 form that you send regarding change in attorney. That way, all communication is routed to your new lawyer and new employer.

In rare cases, however, this is what can happen if you have not filed any updates with USCIS on your 485 regarding using the AC21 portability:

USCIS doesnt know that your old company has shut down and you have transferred to new company using AC21 portability. USCIS sends a RFE to your old company asking if they still plan to hire you for the job based on which the labor/14/485 was filed. The letter comes back and USCIS finds out that employer no longer exists. Then they will - in rare cases - either send an RFE or NOID(notice of intent to deny) on your 485, since USCIS would believe that you dont have any job offer for which you are getting greencard because the employer no longer is in business. If that NOID or RFE comes to your attorney, then your attorney should promptly reply saying that you have ported your I-140 to a new employer using the portability provision of section 106(c) of AC21 act.
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  #4 (permalink)  
Old 12-06-2007, 11:10 AM
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Default

Thanks gc_chahiye and logiclife,

Both you explanations were very clear. Now I understand the meaning of "porting I-140" (i.e. the "future job" for the GC will be "ported" to the new company and the old company has no control over it).

Fittan
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  #5 (permalink)  
Old 12-06-2007, 11:17 AM
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Quote:
Originally Posted by fittan View Post
Thanks gc_chahiye and logiclife,

Both you explanations were very clear. Now I understand the meaning of "porting I-140" (i.e. the "future job" for the GC will be "ported" to the new company and the old company has no control over it).

Fittan
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  #6 (permalink)  
Old 12-06-2007, 11:29 AM
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Default What happen when new company layoff or shutdown?

Hi,

I am one of the July filer, after 180 days if i move to new company with full-time position and down the road What happen if the new company layoff or shutdown the business? Can i move to another company using AC21 again?
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  #7 (permalink)  
Old 12-06-2007, 11:36 AM
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Default

Quote:
Originally Posted by vengaiah View Post
Hi,

I am one of the July filer, after 180 days if i move to new company with full-time position and down the road What happen if the new company layoff or shutdown the business? Can i move to another company using AC21 again?
yes. You can keep changing jobs as many times as you want, invoking AC21. Keep sending USCIS a new G28 (IF you are changing lawyers) and Employment Verification Letter whenever you jump.

Last edited by gc_chahiye; 12-06-2007 at 01:59 PM. Reason: added note that G28 needed only if lawyers are changing
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  #8 (permalink)  
Old 12-06-2007, 11:38 AM
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Default AC21 - what exactly we need to do?

To apply AC21 what lawer needs to do? Just file G28? or ther any other documents required from original employer?

Thanks in Advance...
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  #9 (permalink)  
Old 12-06-2007, 11:47 AM
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Default

Quote:
Originally Posted by vengaiah View Post
To apply AC21 what lawyer needs to do? Just file G28? or ther any other documents required from original employer?
Nothing is required from the original employer. If you can get a letter of intent from the new employer confirming that it wants to hire you permanently and describing your new job as same or similar to the old job, submit it to the USCIS. But do not worry too much if you cannot get it, it's not required.
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  #10 (permalink)  
Old 12-06-2007, 12:00 PM
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Default Job Title using AC21

Hi,

Should the job title match to the original Labor job title? Or, being just in that field (i.e. IT) is enough to use AC21?

Thanks
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  #11 (permalink)  
Old 12-06-2007, 01:02 PM
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Default

Quote:
Originally Posted by nitkad View Post
Hi,

Should the job title match to the original Labor job title? Or, being just in that field (i.e. IT) is enough to use AC21?

Thanks
If you job code falls into the same occupational category (15-1000 for Computer Specialists), you should not worry.
http://www.bls.gov/soc/soc_c0a0.htm
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  #12 (permalink)  
Old 12-06-2007, 01:10 PM
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Default AC21 July 02 Filer

Hi Fittan,
I am July 02 filer, I would like to apply for AC21 to move to new employer. New employer has same job title and same job description.

My priority date : Jan 20,2006 EB3 India
I-140 approved in Sept 2006
I-485 filed on July 02 2007.

I think I can move to new employer from Jan 02 2008. Is this correct?

I would like to change the attorney also. Please guide me for the required documentation from my side and new employer side. Thanks in Advance.


Regards,
Sree.
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  #13 (permalink)  
Old 12-06-2007, 01:30 PM
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Thumbs down Thats incorrect

Quote:
Originally Posted by gc_chahiye View Post
yes. You can keep changing jobs as many times as you want, invoking AC21. Keep sending USCIS a new G28 and Employment Verification Letter whenever you jump.
Quote:
Originally Posted by vengaiah View Post
To apply AC21 what lawer needs to do? Just file G28? or ther any other documents required from original employer?

Thanks in Advance...
G28 is Notice of Entry of Appearance as Representative. You only need a new G28 if you are changing lawyers.
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  #14 (permalink)  
Old 12-06-2007, 01:45 PM
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Default

Quote:
Originally Posted by Trackgc View Post
Hi Fittan,
I am July 02 filer, I would like to apply for AC21 to move to new employer. New employer has same job title and same job description.

My priority date : Jan 20,2006 EB3 India
I-140 approved in Sept 2006
I-485 filed on July 02 2007.

I think I can move to new employer from Jan 02 2008. Is this correct?

I would like to change the attorney also. Please guide me for the required documentation from my side and new employer side. Thanks in Advance.


Regards,
Sree.
What is the receipt date on your receipt notice? You must calculate 180 days from that date.
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  #15 (permalink)  
Old 12-06-2007, 01:49 PM
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Default AC21 Portability

Hi,
Received date: July 02 2007
Notice date: August 30 2007.

So I can use AC21 after Jan 02 2008 Correct?
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