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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 07-10-2008, 07:33 PM
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Default Completed 6 years - H1 transfer - Using AC21

Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.
__________________
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I-485 approved on 8th July 2010. Magic Day.
------------------------------------------

PD: Aug 8th 2005 EB2 India NSC
140 Approved - Mar 2008
485 - RD 13th Aug 2008 - ND 26th Sept 2008
EAD/ AP cleared
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  #2 (permalink)  
Old 07-10-2008, 08:27 PM
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Default ^^^^ Bump ^^^^^

Any answers?
__________________
------------------------------------------
I-485 approved on 8th July 2010. Magic Day.
------------------------------------------

PD: Aug 8th 2005 EB2 India NSC
140 Approved - Mar 2008
485 - RD 13th Aug 2008 - ND 26th Sept 2008
EAD/ AP cleared
Name Check, FP cleared - Source InfoPass


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  #3 (permalink)  
Old 07-10-2008, 09:17 PM
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Default

Quote:
Originally Posted by kevinkris View Post
Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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  #4 (permalink)  
Old 07-10-2008, 09:37 PM
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Default

[i]My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending

Question:
1. Does L1 period is counted for H1 extention?
H1 term of 6 years includes l1 time and excludes vacation periods

2. Can he do H1 transfer using AC21 without I140 approval?
[i]Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers

As 6 years are going to be expired?

3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible

4. If we leave about GC, Can he do H1 transfer atleast?

Yes based on approved LC + h1 extension.

Note that gc is for a future job offer.
__________________
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Total Contributions to date:: over $750
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I485 approved on Jul 25 2011
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  #5 (permalink)  
Old 07-10-2008, 11:22 PM
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inline...

Quote:
Originally Posted by kevinkris View Post
Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?

-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?

yes, he will get a one year extension since his LC is atleast one yaer old.

3. What if the old employer revokes his I140 now? His GC process is invalid?

yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

4. If we leave about GC, Can he do H1 transfer atleast?

yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved

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  #6 (permalink)  
Old 07-10-2008, 11:23 PM
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Default

Quote:
Originally Posted by raysaikat View Post
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
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  #7 (permalink)  
Old 07-10-2008, 11:28 PM
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ahaadi will become famous soon enough
Default If I-140 was approved...

In case his I-140 was approved then there are no problems for this scenario right?
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  #8 (permalink)  
Old 07-11-2008, 06:05 AM
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Priority Date
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Quote:
Originally Posted by ahaadi View Post
In case his I-140 was approved then there are no problems for this scenario right?
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
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  #9 (permalink)  
Old 07-11-2008, 01:01 PM
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Default

I'm in similar situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

Thanks in advance.
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