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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 11-13-2011, 10:47 PM
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Question Not filing AC21 - Implications?

After reading several threads I'm trying to decide if I should file AC21. Labor filed EB3 May 2003 as Manager Applications. New Title is Director Applications and BI. I am concerned about 'rocking the boat' and that filing AC21 may create more issues bcoz of title change. Will be moving from CA to TX. Will need to give up CA drivers license to obtain TX license (that is issued only until validity of EAD). Also understand that AR-11 needs to be filed.

Please help me decide if not filing is a good idea OR not AND what are the potential implications....

thanks
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  #2 (permalink)  
Old 11-14-2011, 12:47 PM
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Default Ac 21

If your lawyer is on the file , and you have all the experince letters, designation change letters,employment letters, then you should be good.

AC21 is a process and for that you dont have to be doing any stuff.

If in case there is a query you need to be prepared to submit all the required documentation/proof's .

I would suggest not to inform any stuff, as it may cause some one to dig further and may lead to complication's, so hold tight, do all the needfull things like Ar11, updating USPS,Lawyer, etc.
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Old 11-14-2011, 04:26 PM
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Default Not filing AC21 - Implications? AR11?

Will not the AR-11 (CA to TX) result in RFE??
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  #4 (permalink)  
Old 11-14-2011, 04:51 PM
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Default

I think either now or later they'll send you an rfe regarding your current employer. The old employer might revoke the I140, or your previous lawyer might inform USCIS he no longer represents you. Or as you said the AR11 could trigger an rfe. It's safe to have all the documents and proofs ready. I don't think a title change would cause problem, as long as the line of work, and responsibilities are similar to the previous work. If it's additional responsibility it should not cause any concern.
But make sure if they send an rfe, it doesn't go to your previous lawyer. If the previous lawyer doesn't share the rfe with you, and if the date to respond passes, you'll be in trouble. Or atleast it would lead to MTR, etc.
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Old 11-14-2011, 05:36 PM
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Default Not filing AC21 - Implications? AR11?

Thanks! How do I ensure that the previous lawyer does not get the rfe and that the rfe comes to me?
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Old 11-14-2011, 05:41 PM
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Default Not filing AC21 - Implications? AR11?

What documents and proof are typically needed? Will it suffice if the new offer letter lists responsibilities that are similar to those listed in labor application?
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  #7 (permalink)  
Old 11-14-2011, 08:33 PM
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Thumbs up Be Silent, Wait and Watch...

1) AR-11 will NOT trigger RFE. Why should it ? If you change your apartment or move to a house in the same city, you will apply AR-11. Will that trigger RFE ? I dont think so.

2) If you are working for an consulting company, you change your location(CA to IL or NJ etc) based on client's base. Though this trigger's AR-11, it should NOT trigger RFE.

3) In 2007, lot of them got EAD. After 180 days of EAD card, you are no longer dependent on your employer. For EAD renewal or AP document, no where you specify who is your employer. You are on your own , once you got your EAD. After getting EAD, lots of them have started their own company( S corporation etc) and working for the client. Most of my friends told me that they have NOT applied for AC-21. In most of the cases, USICS approves the I-485 and sends the green card by mail. They know that lots of them waited for 10+ years.

4) If there is any RFE, a copy comes to the applicant and another copy goes to the lawyer. I received RFE
for my wife as her LAST name was not matching to my last name. Applicant will receive the RFE. No need to worry.

5) My suggestion is to wait and not to apply for AC-21. If it takes another 2+ years for the priority date to become CURRENT, who knows how may company / position you may change. Why would you need to provide all those details and create more complications. On top of that, spend more money to attorneys.

Good luck with your new job designation, new location. Do not worry much. Wait for priority date to become current. If they come with RFE, you will surely get enough time to respond.
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Old 11-14-2011, 10:02 PM
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Default Not filing AC21 - Implications? AR11?

Thanks for your response - very helpful. One last question about AR11 - I have the option to maintain my current CA address in addition to an address in TX. I plan to travel between the 2 locations. In this scenario, I should not need to file AR11? Kindly provide any input and thoughts. Thanks
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  #9 (permalink)  
Old 11-14-2011, 10:19 PM
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Default Taxes from which state

Quote:
Originally Posted by pm250000 View Post
Thanks for your response - very helpful. One last question about AR11 - I have the option to maintain my current CA address in addition to an address in TX. I plan to travel between the 2 locations. In this scenario, I should not need to file AR11? Kindly provide any input and thoughts. Thanks

AS you are crossing state lines, from state are you getting your w2 ? if it is texas then you might have to file AR11. I think it is better you talk to a attorney as laws keep changing fast.
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  #10 (permalink)  
Old 11-14-2011, 10:23 PM
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Default

Quote:
Originally Posted by pm250000 View Post
Thanks for your response - very helpful. One last question about AR11 - I have the option to maintain my current CA address in addition to an address in TX. I plan to travel between the 2 locations. In this scenario, I should not need to file AR11? Kindly provide any input and thoughts. Thanks
Then you don't need to file AR11.

Change of Address is filed to receive mails from properly and in time from USCIS and for them to track where to find you (they are not going to do, but as a foreigner you inform them where you are at a given time).

If someone (hope, your spouse) is in CA in your apartment, then they can collect the mails and communicate to you, you don't have to file AR11.
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Old 11-22-2011, 05:03 PM
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Default Not filing AC21 - Implications? AR11?

Thanks for the responses. I decided to approach my old employer's attorney to see if they would offer advice and continue to represent me. The attorney has agreed and suggested to file AR11 as I was clearly employed in Texas and filing tax returns in Texas. The attorney advised to not file AC21 unless an RFE is received. Thanks
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  #12 (permalink)  
Old 11-27-2011, 10:21 PM
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Talking

Quote:
Originally Posted by baleraosreedhar View Post
If your lawyer is on the file , and you have all the experince letters, designation change letters,employment letters, then you should be good.

AC21 is a process and for that you dont have to be doing any stuff.

If in case there is a query you need to be prepared to submit all the required documentation/proof's .

I would suggest not to inform any stuff, as it may cause some one to dig further and may lead to complication's, so hold tight, do all the needfull things like Ar11, updating USPS,Lawyer, etc.
I was in ur shoes cpl of yrs ago (I moved left my GC employers after 8yrs....waited for 7months after I485 filing). My attorney adviced NOT to do do anything proactively and we will responspond , if they ask. After moving to new employer filed mandatory AR11. Yjere was irrelevent rfe ...nor ac21 issue....changed employer one more time...and GC came last Aug....'m not recommending anything on ac21....You may make your own call
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