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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 07-11-2008, 08:05 PM
JAK JAK is offline
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Default Aug visa Bulletin - will EB2 dates move any fwd

Hello,

My EB2 PD is 16th June 2006, and the aug visa bulletin is stuck at 1st june 2006. I have a good job offer and was going to make the move in the next few days using AC21, now with this new development need some advice if i should stay with the current company or still go with the AC21. What are the chances that the EB2 dates will move any fwd in the next few months ??
pls pls share your 2 cents on this scenario. Thanks !!
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  #2 (permalink)  
Old 07-11-2008, 08:13 PM
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Quote:
Originally Posted by JAK View Post
Hello,

My EB2 PD is 16th June 2006, and the aug visa bulletin is stuck at 1st june 2006. I have a good job offer and was going to make the move in the next few days using AC21, now with this new development need some advice if i should stay with the current company or still go with the AC21. What are the chances that the EB2 dates will move any fwd in the next few months ??
pls pls share your 2 cents on this scenario. Thanks !!
I dont see any link between PD movement and changing jobs per AC21.

If you see any genuine problems in changing jobs now, after today's bulletin, then that problem would have existed yesterday too. And conversely, if there were no problems yesterday, then the bulletin itself does not create any new problem to prevent you from changing jobs.
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  #3 (permalink)  
Old 07-11-2008, 08:20 PM
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Originally Posted by kaisersose View Post
I dont see any link between PD movement and changing jobs per AC21.

If you see any genuine problems in changing jobs now, after today's bulletin, then that problem would have existed yesterday too. And conversely, if there were no problems yesterday, then the bulletin itself does not create any new problem to prevent you from changing jobs.
This is what i think may have changed for him since yesterday. No matter what anybody says there are some risks associated with AC 21 . Yesterday he might be thinking that it will take him longer ( than what he thinks today) to get his GC so it's worth taking the risks of AC 21. But today he might be thinking that why take risk by using Ac 21 rather than stay out with the current GC sponsoring employer if GC is going to come in a shorter time.
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  #4 (permalink)  
Old 07-11-2008, 08:22 PM
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Originally Posted by JAK View Post
Hello,

My EB2 PD is 16th June 2006, and the aug visa bulletin is stuck at 1st june 2006. I have a good job offer and was going to make the move in the next few days using AC21, now with this new development need some advice if i should stay with the current company or still go with the AC21. What are the chances that the EB2 dates will move any fwd in the next few months ??
pls pls share your 2 cents on this scenario. Thanks !!
Even if your PD were to become current next month, there is a very small possibility (USCIS whims!) that your will be approved before all those ppl that are still waiting, and with PDs 2003-2004. So, i dont think your decision should be based on this, otherwise, you will be stuck waiting for the approval for God knows how long (2-3 years, i would guess!). As always, take every opinion from posters here with a pinch of salt :-)
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  #5 (permalink)  
Old 07-11-2008, 08:52 PM
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Besides, remember that even if you were to get your GC next month and immediately change companies, your current employer could file for revocation since the USCIS typically considers any change in job within 6 months of getting a EB based GC as fradulent intent. So it is actually in your interest to get AC21 and change jobs before your PD becomes current. My 2 cents.
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  #6 (permalink)  
Old 07-11-2008, 09:10 PM
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If I were you I would just go ahead and grab that next opportunity. Am sure you would have evaluated same / similar job criteria pretty well - so why not just go ahead? AC21 has been designed not only for those sufferring with retrogression but also for some one facing your situation. If you go by USCIS processing dates and times - well, we all know few things about that.
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  #7 (permalink)  
Old 07-11-2008, 09:27 PM
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Default What about processing dates

Quote:
Originally Posted by buddyinsfo View Post
Dude, dont throw in that negativity. Do u know for sure that the approval for the current EB2 folks (Aug bulletin beneficiaries) will take long? Like u said, USCIS whims...could be good or bad. Lets be optimistic and assume that everyone will get approvals. Remember, there are thousands with 485 pending but 140 pending as well. I'm sure USCIS will take the 485 cases whose 140s have been approved. So, there's a big filter and moreover none of us know for sure how many visa numbers actually has been alloted for EB2 India. So, keep ur fingers crossed.
140 approved,PD going to be current as per Aug bulletin but stuck in the processing date at CSC, which unfortunately moved back 2 years to 04/2006

Last edited by micofrost; 07-11-2008 at 09:37 PM.
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  #8 (permalink)  
Old 07-11-2008, 09:34 PM
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Default

Quote:
Originally Posted by JAK View Post
Hello,

My EB2 PD is 16th June 2006, and the aug visa bulletin is stuck at 1st june 2006. I have a good job offer and was going to make the move in the next few days using AC21, now with this new development need some advice if i should stay with the current company or still go with the AC21. What are the chances that the EB2 dates will move any fwd in the next few months ??
pls pls share your 2 cents on this scenario. Thanks !!
My EB2 Priority Date is March 2005. Does It mean that Now it will be getting the GC? Too good to be True
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  #9 (permalink)  
Old 07-11-2008, 10:08 PM
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Originally Posted by JAK View Post
Hello,

My EB2 PD is 16th June 2006, and the aug visa bulletin is stuck at 1st june 2006.
Welcome to the club.

-June 7 2006 (PD)
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  #10 (permalink)  
Old 07-11-2008, 10:09 PM
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Originally Posted by REQUIRE_GC View Post
My EB2 Priority Date is March 2005. Does It mean that Now it will be getting the GC? Too good to be True
What is your I485 Receipt Date? If it is less that Processing Date posted on USCIS web site, then yes. USCIS will ask GC number from DOS for you and file will move for approval.
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  #11 (permalink)  
Old 07-11-2008, 11:55 PM
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Originally Posted by axp817 View Post
Welcome to the club.

-June 7 2006 (PD)
Same here My PD is June 7 2006...tooo.

hope it will move next month.

MC
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  #12 (permalink)  
Old 07-12-2008, 03:21 AM
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Originally Posted by buddyinsfo View Post
...... Since the USCIS is likely to adjudicate the I-485 applications in processing quieu which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck. ....
That's right. So I expect delays by years in my case. Refer to this posting http://immigrationvoice.org/forum/sh...786#post261786
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  #13 (permalink)  
Old 07-12-2008, 04:15 AM
n2k n2k is offline
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Default Experts Please Help - Need Info!!

Experts,
I am in a rather unique situation. My PD is 26 Sep 06 and I filed for my I-485 in the EB2 (India) during the July/August'07 rush. I am single and intend to add my would-be spouse to the application before it is too late.
I wasnt expecting the huge jump in the current priority date and this came as a surprise to me. Is there any loophole by which I can delay the final approval?
Also I have been browsing through the various threads and my impression is that if anything, the priority dates are going to advance for EB2 - India, any guesstimates as to when PD Sep'26 06 might become current?

Any advice/suggestion/info is greatly appreciated. Thanks in advance!!
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  #14 (permalink)  
Old 07-12-2008, 04:25 AM
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Originally Posted by buddyinsfo View Post
Oh...sorry to hear that. So, ppl whose PDs were like Nov,2004 and applied in August 2007 (instead of July, 2007) will get their 485s adjudicated later than those of PDs like March, 2006 and filed in July 2007. Is this right? Also, do they consider the Fedex delivery date or the Notice Receipt date as the processing date? Any idea?
That's true.

How USCIS works : Receipt Date or Notice Date is not very much clear. But, I so far whatever I have gathered is that Processing Date in linked with Receipt Date.

Last edited by Dhundhun; 07-12-2008 at 04:29 AM.
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  #15 (permalink)  
Old 07-12-2008, 04:28 AM
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Quote:
Originally Posted by n2k View Post
Experts,
I am in a rather unique situation. My PD is 26 Sep 06 and I filed for my I-485 in the EB2 (India) during the July/August'07 rush. I am single and intend to add my would-be spouse to the application before it is too late.
I wasnt expecting the huge jump in the current priority date and this came as a surprise to me. Is there any loophole by which I can delay the final approval?
Also I have been browsing through the various threads and my impression is that if anything, the priority dates are going to advance for EB2 - India, any guesstimates as to when PD Sep'26 06 might become current?

Any advice/suggestion/info is greatly appreciated. Thanks in advance!!
While delaying it might not be in your hands, I have heard that derivatives can be added up to six months after getting GC. I hope this information is correct. Explore on both front.

Also Sep 06 is not current.

Last edited by Dhundhun; 07-12-2008 at 04:57 AM.
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