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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 12-15-2007, 06:20 PM
Junior Member
Priority Date
:
Feb-04
Category
:
EB2
I140 Mailed Date
:
02/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
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Join Date: Nov 2007
Posts: 19
randomdude is an unknown quantity at this point
Post Wife on EAD starts company, can husband use AC21 to work fulltime?

I tried searching for a similar topic on the forums but could not find it.

I found a 'days since date' calculator here http://www.timeanddate.com/date/duration.html

Looks like I am close to my 180 days

I had two possible options
1) Work for my wife's company (she is on EAD as my dependant) on W2 - not sure if this will fly as this seems to have cyclic issues. Has anyone else tried this or plannng to try this?

2) Work as an employee for a company (lets call it A) which only does payroll. My contract/case would then flow from client -> wife's company -> A -> me. Obviously the amount entering wife's company will be more than what flows out (as in profit for the company) and I will take the same salary as I am taking right now from company A. But does anyone see any issue with such a setup? Will USCIS care that the primary applicant is a fulltime employee of a company which subcontracts for the dependant's (wife's) company?

Please advise and thanks in advance

Last edited by randomdude; 12-16-2007 at 12:05 AM.
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  #2 (permalink)  
Old 12-15-2007, 08:21 PM
Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
02/12/2007
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
08/11/2007
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Join Date: Dec 2006
Posts: 28
babuworld has a spectacular aura about babuworld has a spectacular aura about
Default

Hi dude,

You can do that legally. Let me get clear from you few things before we go in to details
1. Is your I-140 got approved?
2. Which category you belong to?

Now coming to your question

Assume that your i-140 got approved. If your wife runs the company ,when priority data gets current in your case your I-485 gets into picture. The visa officer before approving your file looks which company ur working with and looking financial details of the company your are working for. He may at that time issue Query or revoke I-140 which i have seen couple of people who has use AC21.

Please contact lawyer before you make any decision.

Thanks,
babuworld
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  #3 (permalink)  
Old 12-15-2007, 08:53 PM
Junior Member
Priority Date
:
Feb-04
Category
:
EB2
I140 Mailed Date
:
02/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Nov 2007
Posts: 19
randomdude is an unknown quantity at this point
Default Confused!

Quote:
Originally Posted by babuworld View Post
Hi dude,

You can do that legally. Let me get clear from you few things before we go in to details
1. Is your I-140 got approved?
2. Which category you belong to?

Now coming to your question

Assume that your i-140 got approved. If your wife runs the company ,when priority data gets current in your case your I-485 gets into picture. The visa officer before approving your file looks which company ur working with and looking financial details of the company your are working for. He may at that time issue Query or revoke I-140 which i have seen couple of people who has use AC21.

Please contact lawyer before you make any decision.

Thanks,
babuworld
Thanks for the reply Babuworld. I have an approved (but substituted) I140 and am in the EB2/India category.

I am a little confused about your reply. You begin with 'you can do that legally' but end with 'revoke I140'. Can you please elaborate on this? I want a risk free approach....I have waited for the last seven years for this and don't want to screw it up at the last moment.
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  #4 (permalink)  
Old 12-15-2007, 09:15 PM
Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
11/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
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Join Date: Jul 2007
Posts: 37
prshah102 is just really nice prshah102 is just really nice prshah102 is just really nice prshah102 is just really nice
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I am in the exact situation.
AC21 users/Other gurus, please provide your insight/views.
__________________
http://groups.yahoo.com/group/SC_Immigration_Voice/
EB2 INDIA PD - Oct 2005 NSC
485 RD - 27 Jul' 07
485 ND - 27 Aug' 07
FP/EAD - Oct' 07.
140 approved (Job change:Ported PD) - Sep 2007

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