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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 02-17-2008, 08:50 PM
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Default Wife's travel on AP - AC21

Hi there,

It's been more than 7 months(RD+7months) since we(me&my wife) filed I-485(through company'A') and we got EADs and APs.I am in US and my wife is India.I got a very good offer with company'B' and I am planning to use AC21 within 3 days.I have not decided whether inform USCIS or not about my job change(AC21).

MY CONCERN:When my wife travels from India to US next month and if Immigration Officer@POE asks my wife about my employer , she should mention about my new employer(company'B') , In that case USCIS will come to know that I changed my company.In that case It'll become mandatory that I should inform USCIS about my job change even though i didn't wanted to inform.

Is there anyway that i can solve this problem??

Thanks In Advance
JD
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  #2 (permalink)  
Old 02-17-2008, 09:33 PM
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Default Switch employer after your wife returns

I have a valid travel document which was done before I submitted all the evidence for AC21. Then I wanted to travel to India and called lawyer to check whether it was safe to travel now. He said there could be a problem as the employwer on record is now different than the one when we last did our travel document. He has applied for a fresh travel doc and we have postponed our travel even if the current travel doc is valid as of today.
It is a different story that he applied for the new travel doc about 3 months ago and we have not received anything yet.
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  #3 (permalink)  
Old 02-17-2008, 09:55 PM
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Default

Quote:
Originally Posted by jungalee43 View Post
I have a valid travel document which was done before I submitted all the evidence for AC21. Then I wanted to travel to India and called lawyer to check whether it was safe to travel now. He said there could be a problem as the employwer on record is now different than the one when we last did our travel document. He has applied for a fresh travel doc and we have postponed our travel even if the current travel doc is valid as of today.
It is a different story that he applied for the new travel doc about 3 months ago and we have not received anything yet.

Thanks!!! My point is will Immigration Officer@POE is really bothered about my employer , because me my wife's I-485 applications are seperate right? Confused whether to go for AC21 or not.
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  #4 (permalink)  
Old 02-17-2008, 10:06 PM
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If she is trying to use her AP to return then better to wait for her until she returns back if she is using H4 then no need to wary.
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  #5 (permalink)  
Old 02-17-2008, 10:35 PM
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Default Yes

Based on what my lawyer said, yes. There is some check on the employer at POE. I am assuming she is the derivative beneficiary of your petition. And you are tied to employer.
One important thing I would like to mention here. The lawyer does not talk with me. VP HR told me this and I believe he would not change a word of what lawyer said.
Quote:
Originally Posted by javadeveloper View Post
Thanks!!! My point is will Immigration Officer@POE is really bothered about my employer , because me my wife's I-485 applications are seperate right? Confused whether to go for AC21 or not.

Last edited by jungalee43; 02-17-2008 at 10:41 PM.
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  #6 (permalink)  
Old 02-17-2008, 11:32 PM
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Thanks jungalee43 & laksmi
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