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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 06-24-2008, 09:16 PM
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h12gc has a spectacular aura about h12gc has a spectacular aura about h12gc has a spectacular aura about
Default Does AC 21 required for my case?

Hi,

I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

Can any one suggest me on this?



Thanks
h12gc
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Last edited by h12gc; 06-25-2008 at 01:57 AM.
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  #2 (permalink)  
Old 06-25-2008, 01:58 AM
Junior Member
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I140 Mailed Date
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h12gc has a spectacular aura about h12gc has a spectacular aura about h12gc has a spectacular aura about
Default Any suggestions?

Any Suggestions for my case

Thanks
h12gc
__________________
LC PD Aug 2005 PERM EB 2 vermont service center
I 140 filed on OCT 2005
I 140 rec'd on feb 2006
I 485,EAD,AP Filed on Aug 1st 2007
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  #3 (permalink)  
Old 06-25-2008, 12:32 PM
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Default

Whatever you are saying - may be doable - I am not sure - but it is certainly not a good thing to do.

If you are switching employment on EAD, you are legally allowed to invoke AC21. Whether it is required to inform USCIS about the switch is a gray area. If I were you, I'd invoke AC21 and inform USCIS - there is nothing wrong about that.

When in doubt, please consult an attorney.
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  #4 (permalink)  
Old 06-29-2008, 08:37 PM
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EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold
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H12GC, I don't know what you mean by "invoking AC21". To me "invoking AC21" means "quitting" your employer who filed your I140/I485, and joining another one. If you were to continue working for current employer AND join another employer as a SECOND JOB, then you are NOT invoking AC21(you are just using your EAD). You are probably confusing the word "invoking" with "Filing".
To me "Filing AC21" means informing USCIS about the change in employer. Do you must FILE AC21? read ahead:

6 months ago i talked to a Sr. Attorney at Murthy.com who said there is no document by USCIS that says you must/should file AC21 after change in employer. he said in general you are EXPECTED to inform USCIS about any change in your job/address and not filing ac21 indirectly means hiding it, so you should file.

How soon you should file AC21? again USCIS is not clear on that. he said within 30-60 days sounds reasonable.

Now here's some more info: i know of at least 1 person and read about few others who changed employer, never filed AC21, still got the GC without any RFE. I also read about people who filed AC21 and got RFE. I'm not suggesting anything in here, just presenting the facts for you to draw your own conclusion.
Personally, i plan to file AC21 in the next few months (i changed employer in late Jan 08).

Hope this helps.
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Last edited by EB3_SEP04; 06-29-2008 at 08:40 PM.
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