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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 06-14-2011, 11:13 AM
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Default AC-21 Filing

Hello:

I am in the process of changing job from one national company to an international company. The new employer is using Fragomen as their lawyers and they will file my AC21 since I have my 485 pending for more than 180 days (actually over 3.5 years now).

I requested a copy of AC21 filing from Fragomen's offfice and I was communicated that they don't give that out.

Is this common? What should I do to get a copy of the filing.

Thank you,
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  #2 (permalink)  
Old 06-14-2011, 11:30 AM
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Default

Make FOIA request on your A-file to USCIS, a few months after attorney files the AC21 docs. Since you are nowhere near current, this is the best way.
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  #3 (permalink)  
Old 06-14-2011, 03:51 PM
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Default Thank you

Thanks InTheMoment...

Has anyone done this before and obtained this or anything else from USCIS? How do you do FOIA request? Is there a form or application? Where do you file that?

Any further help / guidance will be much appreciated.

Thank you,
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  #4 (permalink)  
Old 06-15-2011, 07:34 AM
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Default Anyone?

^^^^^^^^^^
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  #5 (permalink)  
Old 07-10-2011, 02:08 PM
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Default Yes

Yes, I actually did it couple of weeks back. I got both my Labor and I140 copy from. It's all with your employer, ask them to approve it then Fragomen has to give it to you. If you employer rejects then I don't think you have any other options then to file FOIA.

Just to add, my current and future employer both use Fragomen.

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Originally Posted by TO BE OR NO TO BE View Post
^^^^^^^^^^
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  #6 (permalink)  
Old 07-11-2011, 10:31 AM
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Default Thank you

Thank you Cheran
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  #7 (permalink)  
Old 01-09-2012, 11:17 PM
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Exclamation AC21 & H1B Transfer

I seeking some advice on, I am with Company A with Pending AOS (July 2007) and maintaining EAD & H1B both. Now I have applied for Company B and intended to use AC21 portability. I heard from Company B that they can file AC21 portability as well as transfer my H1b as backup. Is there any issue for doing so, am I risking my AOS. I have already used AP 2 times to travel India
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  #8 (permalink)  
Old 01-10-2012, 02:17 PM
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Default

Quote:
Originally Posted by arung View Post
I seeking some advice on, I am with Company A with Pending AOS (July 2007) and maintaining EAD & H1B both. Now I have applied for Company B and intended to use AC21 portability. I heard from Company B that they can file AC21 portability as well as transfer my H1b as backup. Is there any issue for doing so, am I risking my AOS. I have already used AP 2 times to travel India
I don't see any problem - AOS and H-1B are two different things. Make sure that new H-1B and AC-21 (same and similar) are not contradicting to each other. To keep AOS into good standing you need to keep working in the "same or similar" occupation classification - you can use EAD or H-1B to do that - so if you use H-1B for new job that should be fine. Regarding travel on AP - if you have a valid H-1B and travel on AP that does not violate H-1B.

Hope this is helpful....
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  #9 (permalink)  
Old 01-10-2012, 04:49 PM
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thanks, one quick Q though, can Company B still be able to get H1B ext. based on previous company's approved labor/i140
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  #10 (permalink)  
Old 01-10-2012, 05:38 PM
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Default

Quote:
Originally Posted by arung View Post
thanks, one quick Q though, can Company B still be able to get H1B ext. based on previous company's approved labor/i140
Yes....that shouldn't be a problem....lawyers would need copy of approval of I-140 and you will get additional 3 years from the time of the filing / requesting.
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  #11 (permalink)  
Old 01-10-2012, 05:52 PM
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Default yes yes yes

Quote:
Originally Posted by arung View Post
thanks, one quick Q though, can Company B still be able to get H1B ext. based on previous company's approved labor/i140
Yes, Since your AOS is pending for more than 180 days you will get H1 extension every time you apply for one till your case is adjudicated. You just need the I-140 copy to get H1 extended/transferred to/from any employer.
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