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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 07-25-2008, 12:52 AM
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Question On EAD, didn't have a job for the last 3 months

Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
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  #2 (permalink)  
Old 07-25-2008, 01:21 AM
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Originally Posted by vybe3142 View Post
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.
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  #3 (permalink)  
Old 07-25-2008, 02:03 AM
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thanks much, ...

i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
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  #4 (permalink)  
Old 07-25-2008, 11:34 AM
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I am in same situation. My previous employer has informed me that he has already revoked my 140 petition. I sent in the ac21 paperwork to be on safer side and also verified my home address on records in case they send something. You may want to do the same, also, make sure you have your own Attorney and file for G28 promptly.
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  #5 (permalink)  
Old 07-25-2008, 11:39 AM
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Originally Posted by vybe3142 View Post
thanks much, ...

i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
This is a new strategy followed by consulting companies. As they cannot stop people from leaving, they would like to discourage this by revoking 140. there are so many scared people out there who want to play it very very safe and will avoid invoking ac21 if they think there could be issues.

You will be fine.

Being in good terms with employers helps - but it has to be from both sides.
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  #6 (permalink)  
Old 07-25-2008, 12:14 PM
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Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

Good luck.

Quote:
Originally Posted by vybe3142 View Post
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
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  #7 (permalink)  
Old 07-25-2008, 02:05 PM
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Gurus, tell me one thing.

After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
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  #8 (permalink)  
Old 07-25-2008, 02:13 PM
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Originally Posted by Refugee_New View Post
Gurus, tell me one thing.

After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
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  #9 (permalink)  
Old 07-25-2008, 02:59 PM
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Quote:
Originally Posted by Aah_GC View Post
Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

Good luck.

Thanks, ..
What kind of documentation do I need to keep handy in case of RFE?
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  #10 (permalink)  
Old 07-25-2008, 05:00 PM
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It depends on what is being asked for. Try to tell your employer that you might need an EVL (Employer Verification letter) that basically puts your start date, responsibilities and has HR Contact information.

Make sure you keep the paystubs of your previous employer through the 180 days of your 485 app pending. Get a releiving letter and try to be on good terms with your ex. It helps.
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  #11 (permalink)  
Old 07-25-2008, 05:50 PM
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Default do we need LC filing papers to invoke AC21?

I am trying to send AC21 letter to USCIS through my attorney. My attorney want the LC filing papers from my previous employer.(so that he can prove that my current job is same or similar)

So if we change our job using EAD, do we need to have LC filing paper from our ex employer for invoking AC21?.
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  #12 (permalink)  
Old 07-26-2008, 09:58 PM
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Originally Posted by chanduv23 View Post
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
Hi Chandu

Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.

Thanks.
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  #13 (permalink)  
Old 07-29-2008, 11:53 PM
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Default How long can one stay out of job on EAD (485 filed +140 approved + 6 months)

Quote:
Originally Posted by chanduv23 View Post
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
Chandu and Gurus

I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.

So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.

thanks in advance
-d
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  #14 (permalink)  
Old 07-30-2008, 08:36 AM
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Default It is good to show

W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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