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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 09-25-2008, 01:48 AM
Junior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Aug 2006
Posts: 6
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Default Can I do AC21?

Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You
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  #2 (permalink)  
Old 09-25-2008, 02:07 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
01/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Jul 2006
Posts: 203
pmb76 is just really nice pmb76 is just really nice pmb76 is just really nice pmb76 is just really nice pmb76 is just really nice
Default

Quote:
Originally Posted by jysharma View Post
Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You
AC21 means continuing your 485 process which has already been filed. Since you haven't filed 485 you are not eligible - sorry to say that. However the thing you could do is re-apply for Labor, I-140 and re-capture PD. I hear ya friend this retrogression has restricted our career growth to a huge extent and not to mention the psychogical trauma.
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  #3 (permalink)  
Old 09-25-2008, 10:34 AM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Apr 2008
Posts: 432
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Default

Quote:
Originally Posted by jysharma View Post
Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You
Like pmb76 mentioned you might not be eligible.
Also, in case i-485 was filled, it neeeds to be >180 days passed before you may invoke AC21.
Good luck.
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