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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 04-25-2008, 12:00 PM
rex rex is offline
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Question A bit urgent: please help

hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex
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  #2 (permalink)  
Old 04-25-2008, 12:21 PM
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Default

I can provide you part answer to your question regarding address change.

Address change (AR-11) form can be filed electronically online. If you file electronically, the address change is effected with in a week's time in all records maximum and you can see soft LUD in all your records, if you have an online account with USCIS.

If you choose to send paper based address change, the change is effected with in 3 months.
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  #3 (permalink)  
Old 04-25-2008, 12:23 PM
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Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
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  #4 (permalink)  
Old 04-25-2008, 12:26 PM
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Quote:
Originally Posted by rex View Post
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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  #5 (permalink)  
Old 04-25-2008, 12:30 PM
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slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of
Default Not complicated

Quote:
Originally Posted by rex View Post
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex
Rex,

1) It is better to send in an AC21 letter, when in doubt i.e, in case your employer revokes I-140., even though you have crossed 180 days threshold after filing for I-485/AOS.

2) Retain your own lawyer and change G-28 to him/her. For changing G-28 to self is done by sending in a letter to USCIS saying that you are withdrawing the representation rights (for you) of the the previous lawyer.

3) First Change address. Use AR-11 form. send it to the address shown on that form. secondly, Call the number on your I-485 and other receipts to update your new address.

The proper sequence to follow is 3, 2, 1.

Thanks,

----------------------------
DISCLAIMER: Not a legal advise. This is my personal opinion. Consult an attorney to proceed.
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  #6 (permalink)  
Old 04-25-2008, 12:31 PM
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Default

Quote:
Originally Posted by rex View Post
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex
I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.

If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.

If I were you, I would do the following:

Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.

Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.

All the best in your new job! Good Luck
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  #7 (permalink)  
Old 04-25-2008, 01:00 PM
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Default Using AC21

I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-lin..._AC21_8403.pdf). Here is an extract as well

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of 106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.
Quote:
Originally Posted by rex View Post
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex
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  #8 (permalink)  
Old 04-25-2008, 01:23 PM
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Default

Mail sent by CIS has a endorsment on their envelopes "Return Service Requested". USPS does NOT forward mail with such endorsements.

Quote:
Originally Posted by v2neha View Post
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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  #9 (permalink)  
Old 04-25-2008, 04:06 PM
rex rex is offline
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rex is on a distinguished road
Default Thank you everyone

Thank you all for a bunch of good answers.

I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
seems to be the best option here.

Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
Thank you
Rex
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  #10 (permalink)  
Old 04-25-2008, 04:15 PM
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I 140 denaie d.please help to start new thread
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  #11 (permalink)  
Old 04-25-2008, 04:19 PM
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talash is infamous around these parts talash is infamous around these parts talash is infamous around these parts talash is infamous around these parts
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I 140 denied.please help to start new thread.Please
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