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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 06-17-2008, 03:15 PM
ras ras is offline
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Thumbs up AC21 and H1 - Urgent

Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

Last edited by ras; 06-17-2008 at 05:47 PM.
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  #2 (permalink)  
Old 06-17-2008, 04:34 PM
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Quote:
Originally Posted by ras View Post
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
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  #3 (permalink)  
Old 06-17-2008, 04:56 PM
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Originally Posted by gccovet View Post
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
Hi GCCOVET,

What will happen in the below scenario

Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

Thanks,
Krishna
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  #4 (permalink)  
Old 06-17-2008, 05:14 PM
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On "if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job? ".....

1) Since H1 transfer is for the current job ...if curent job duties matches with your underlying labour it is good.

2) Whether or not matching current job duties....you need to get AC 21 Letter from B(new employer) to port your GC. AC 21 letter supposed to be same/similar job duties.

correct me if i am wrong here.

Last edited by ss2005; 06-17-2008 at 05:15 PM. Reason: added footer
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  #5 (permalink)  
Old 06-17-2008, 05:20 PM
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Default

Quote:
Originally Posted by ras View Post
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.
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Old 06-17-2008, 05:47 PM
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Miya Maqbool will become famous soon enough
Default H1 transfer with I 140 not approved

Quote:
Originally Posted by jay75 View Post
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks
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  #7 (permalink)  
Old 06-17-2008, 06:07 PM
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Originally Posted by Miya Maqbool View Post
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
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  #8 (permalink)  
Old 06-17-2008, 06:08 PM
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Default

Quote:
Originally Posted by krishna_brc View Post
Hi GCCOVET,

What will happen in the below scenario

Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

Thanks,
Krishna
ss205 answered the question correctly (in my opinion).
GCCovet
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  #9 (permalink)  
Old 06-17-2008, 06:12 PM
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Hi GCCovet,

Thank you.

I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.
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Old 06-22-2008, 06:23 PM
ras ras is offline
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Default when getting H1 extension

Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
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