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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 04-01-2008, 01:16 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
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Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default Switching Employer

I have posted this message in other threads couple of times but no reply so trying to create a new thread so it can be reviewed. Sorry.

I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..


I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
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  #2 (permalink)  
Old 04-01-2008, 01:36 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
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Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default I-140 under EB2 filed recently

Any help would be greately appreciated.
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  #3 (permalink)  
Old 04-01-2008, 03:01 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default

Quote:
Originally Posted by tom View Post
If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.

If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.

The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
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  #4 (permalink)  
Old 04-02-2008, 03:35 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default

Thanks for the useful information.

Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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  #5 (permalink)  
Old 04-02-2008, 03:47 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
11/11/1999
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/11/1999
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Either that or get another AP.
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  #6 (permalink)  
Old 04-03-2008, 01:11 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default

Great, thanks for the clarification.
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