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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 12-20-2008, 10:52 PM
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Default What are my options ?

Dear friends,

I am in sixth year of H1B , My 6th year getting expired on 10th march 2009. My current employer has filed my 7th year H1B extension last month and still pending. I-485 filed in August 2008 under EB2 . Have EAD valid till 2010, but not used.

Now there is going to be layoff next month, If I happened to be victim of layoff, what are my options.

Iíll greatly appreciate your advice.
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  #2 (permalink)  
Old 12-20-2008, 11:13 PM
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Originally Posted by SAPGURU View Post
Dear friends,

I am in sixth year of H1B , My 6th year getting expired on 10th march 2009. My current employer has filed my 7th year H1B extension last month and still pending. I-485 filed in August 2008 under EB2 . Have EAD valid till 2010, but not used.

Now there is going to be layoff next month, If I happened to be victim of layoff, what are my options.

Iíll greatly appreciate your advice.
You can use your EAD to work right?
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  #3 (permalink)  
Old 12-20-2008, 11:18 PM
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Default Only after 180 days

I can use EAD only after 180 days of I-485 filing , but layoff is going to happen before 180 days of my I-485 filing.
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  #4 (permalink)  
Old 12-20-2008, 11:29 PM
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Originally Posted by SAPGURU View Post
I can use EAD only after 180 days of I-485 filing , but layoff is going to happen before 180 days of my I-485 filing.
Sorry I thought you filed in 2007.How about your I-140 is it approved?If you get fired is your employer going to cancel I-140?Changing employer may not be a problem before 180 days because you are forced to leave the company.I may be wrong check with others too.I-140 approval is key here
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  #5 (permalink)  
Old 12-20-2008, 11:41 PM
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My I-140 is approved. I am not sure if my current employer will revoke my I-140.
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  #6 (permalink)  
Old 12-21-2008, 12:46 AM
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>>>>My I-140 is approved. I am not sure if my current employer will revoke my I-140. >>>

If it is big US co, then there is a chance they will revoke it. I used to work for a very reputed fortune 500 co. For them, it was a routine to revoke all cases (H1, Labor, 140 etc) if the employee leaves the co.

Contact HR/Attorney of the company to plan accordingly. If they revoke your 140, you should try to get H1 first from another company (instead of using EAD).
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  #7 (permalink)  
Old 12-21-2008, 02:42 PM
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My company is Mid-size US company . I do not have direct access to company's attorney. I need to direct all my questions to attorney via HR .I don't think they will give any suggestions at this point.
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  #8 (permalink)  
Old 12-22-2008, 01:39 AM
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Friends,

Any suggestions ?
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  #9 (permalink)  
Old 12-22-2008, 12:26 PM
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Two options:

1. Find a new company that is willing to continue your green card process. If you are laid off, make sure I-140 is not revoked.
2. Marry a USC
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