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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 06-19-2008, 02:35 PM
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Default I140 Amendment denied, can I do AC21?

My I-140 got approved on June 2007, since my company A merged with another company B and changed its name and Federal Id to B, my current employer B filed an Amendment for my I-140 on July 2007, USCIS denied the amendment saying no LCA was attached while my company's attorney says they did attach the LC documents. Now they filed Motion to Reopen attaching LCA documents on June 2, 2008, given all these I planned to switch to different employer using AC21.

Additional information:

I485 filed on July 2007
Got EAD approved on Sep 2007
Got AP approved
Done fingerprints

1. Would the amendment denial negates my original approved I140?

2. If it is so would it revoke my pending I485 EAD and H-1(as I am already in 7th year extension)?. Note: I did not receive any notification from USCIS regarding revoking I-485, H-1B etc. My current employer says it wont be so because I already have approved I140

3. Would it be adviced to switch to new employer(Law firm from new employer says there wont be any problem since I already have approved I140)

4. Would there be any problem when USCIS starts processing my I485.(My new attorney says my I485 will be based on new employer and my skill set is matching the position they offered)

Please advice
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  #2 (permalink)  
Old 06-19-2008, 02:37 PM
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Default Belle help please

Hi Belle,

We know about your reputation in this forum, your reply to this question is greatly appreciated.
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  #3 (permalink)  
Old 06-19-2008, 04:09 PM
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as long as ur 140 status is still approved and 485 is pending more thant 180 days u can invoke ac21.

I guess u meet both the criteria. Now make sure the new job duties matches the labor certification previously used

rajesh
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  #4 (permalink)  
Old 06-19-2008, 04:14 PM
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Default

Should be no problem invoking AC21 in your case.
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  #5 (permalink)  
Old 06-19-2008, 04:20 PM
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Default Thanks

Quote:
Originally Posted by rajeshalex View Post
as long as ur 140 status is still approved and 485 is pending more thant 180 days u can invoke ac21.

I guess u meet both the criteria. Now make sure the new job duties matches the labor certification previously used

rajesh
Thanks for your input Rajesh!!
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  #6 (permalink)  
Old 06-19-2008, 04:20 PM
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Default Thanks

Quote:
Originally Posted by lazycis View Post
Should be no problem invoking AC21 in your case.
Thanks Lazycis
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  #7 (permalink)  
Old 06-19-2008, 05:00 PM
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Default I140 Amendment denial

Quote:
Originally Posted by lazycis View Post
Should be no problem invoking AC21 in your case.
Hi Lazycis,

I am curious to know the answer to the below question:

I understand that I am good to use AC21. Thanks.
Will there be any impact to the I485 processing because of the I140 amendment denial ?
It looks like the answer is 'No'. Can you explain me the reason ? Just for my understanding.
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  #8 (permalink)  
Old 06-19-2008, 05:22 PM
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Default 140 should be approved

I think in your case your I 140 is no longer in approved state it is in MTR state right? From what I understood in Yates memo is that your I 140 should be approved or good to be approved state to safely invoke AC21. But at this moment your I 140 is not in good to be approved state. So I would recommend extreme caution and consult some really good lawyer who can give you the best advice since AC21 guidelines have laso changed a few weeks back. Make sure you dont make a hasty move without consulting lawyer.

Quote:
Originally Posted by rajeshalex View Post
as long as ur 140 status is still approved and 485 is pending more thant 180 days u can invoke ac21.

I guess u meet both the criteria. Now make sure the new job duties matches the labor certification previously used

rajesh
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  #9 (permalink)  
Old 06-19-2008, 05:34 PM
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Default 140 Amendment is denied

Quote:
Originally Posted by rockstart View Post
I think in your case your I 140 is no longer in approved state it is in MTR state right? From what I understood in Yates memo is that your I 140 should be approved or good to be approved state to safely invoke AC21. But at this moment your I 140 is not in good to be approved state. So I would recommend extreme caution and consult some really good lawyer who can give you the best advice since AC21 guidelines have laso changed a few weeks back. Make sure you dont make a hasty move without consulting lawyer.
I got my I140 approved but not the Amendment(Amendment was filed for merger that happens last year). My question is, does the denial of Amendment negates my original I140 approval?. If it is so my H1, 485, EAD should have been revoked?.
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  #10 (permalink)  
Old 06-20-2008, 12:02 AM
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Default Yes

I dont mean to scare you or give you any wrong information but according to my interpretation of Yates Memo your I 140 right now stands denied with an MTR pending and so I am saying talk to an experienced attorney before you invoke AC 21. Your I 140 status never affects your H1B hey are independent. But I am not so sure about your I 485.

Quote:
Originally Posted by Ammulu View Post
I got my I140 approved but not the Amendment(Amendment was filed for merger that happens last year). My question is, does the denial of Amendment negates my original I140 approval?. If it is so my H1, 485, EAD should have been revoked?.
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  #11 (permalink)  
Old 06-20-2008, 02:36 AM
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HOPE_GC_SOON will become famous soon enough HOPE_GC_SOON will become famous soon enough
Default Date and Center

Hi Ammulu:

I did quite a bit reasearch, and also reviewed this situation with Few seniors. Infact, I am also in this situation. But not yet approved / denied.

Can you spell out few more details like:

1) When did the Amendment filed and to which center.
2) Is the Amendment 140 Transferred to any other center (like to TSC from NSC).
3) When did u get the denial notice ?

I know,these questions, cannot answer your question. But just wanted to know, how these cases are moving .

apprreciate your info.

Thanks,
Amendment 140 victim (holding the breath for a long time).


Quote:
Originally Posted by Ammulu View Post
My I-140 got approved on June 2007, since my company A merged with another company B and changed its name and Federal Id to B, my current employer B filed an Amendment for my I-140 on July 2007, USCIS denied the amendment saying no LCA was attached while my company's attorney says they did attach the LC documents. Now they filed Motion to Reopen attaching LCA documents on June 2, 2008, given all these I planned to switch to different employer using AC21.

Additional information:

I485 filed on July 2007
Got EAD approved on Sep 2007
Got AP approved
Done fingerprints

1. Would the amendment denial negates my original approved I140?

2. If it is so would it revoke my pending I485 EAD and H-1(as I am already in 7th year extension)?. Note: I did not receive any notification from USCIS regarding revoking I-485, H-1B etc. My current employer says it wont be so because I already have approved I140

3. Would it be adviced to switch to new employer(Law firm from new employer says there wont be any problem since I already have approved I140)

4. Would there be any problem when USCIS starts processing my I485.(My new attorney says my I485 will be based on new employer and my skill set is matching the position they offered)

Please advice
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  #12 (permalink)  
Old 06-20-2008, 03:48 AM
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Default Answers

Quote:
Originally Posted by HOPE_GC_SOON View Post
Hi Ammulu:

I did quite a bit reasearch, and also reviewed this situation with Few seniors. Infact, I am also in this situation. But not yet approved / denied.

Can you spell out few more details like:

1) When did the Amendment filed and to which center.
2) Is the Amendment 140 Transferred to any other center (like to TSC from NSC).
3) When did u get the denial notice ?

I know,these questions, cannot answer your question. But just wanted to know, how these cases are moving .

apprreciate your info.

Thanks,
Amendment 140 victim (holding the breath for a long time).
Hi,

Here are my answers

1) When did the Amendment filed and to which center.
<> July 23, 2007 in TSC
2) Is the Amendment 140 Transferred to any other center (like to TSC from NSC).
<> It was originally applied in TSC
3) When did u get the denial notice ?
<> April 30, 2008

I checked with 2 lawyers one from Fragomen and other from Aronson Associates, both said it wont be a problem as long as we have Approved I140. That made some encouragement. I am waiting for NTR case to be opened, as far as TSC is concerned, looks like it takes 2 months to open the case. I dont know how long it takes.
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  #13 (permalink)  
Old 06-20-2008, 10:33 AM
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HOPE_GC_SOON will become famous soon enough HOPE_GC_SOON will become famous soon enough
Default Thanks for your reply

Ammulu

Thanks for your reply.We are bunch of people here.. concerned similarly and waiting for approvals (hopefully). Ofcourse, Appreciate your sharing of Info.. I think, we can be safe, if the Base 140 is approved.

All the Best.





Quote:
Originally Posted by Ammulu View Post
Hi,

Here are my answers

1) When did the Amendment filed and to which center.
<> July 23, 2007 in TSC
2) Is the Amendment 140 Transferred to any other center (like to TSC from NSC).
<> It was originally applied in TSC
3) When did u get the denial notice ?
<> April 30, 2008

I checked with 2 lawyers one from Fragomen and other from Aronson Associates, both said it wont be a problem as long as we have Approved I140. That made some encouragement. I am waiting for NTR case to be opened, as far as TSC is concerned, looks like it takes 2 months to open the case. I dont know how long it takes.
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  #14 (permalink)  
Old 06-20-2008, 11:40 AM
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Default

If I were u , I will do below things

1. Take an infopass and get the current status of 140

2 From the lawyer /infopass get the information why the ammendment denied?

3. If the ammendment denied and 140 status is still valid, immediately file AC21 for the 485.

4 If the ammendment is denied and 140 is also denied , check with your lawyer to appeal the ammendment denial.



Rajesh
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  #15 (permalink)  
Old 06-20-2008, 12:19 PM
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