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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 04-13-2012, 06:23 PM
Member
Priority Date
:
Dec-03
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:
EB3
I140 Mailed Date
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:
India
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I-140+I-485
I485 Mailed Date
:
06/30/2004
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Default Filing AC-21 multiple times?

As you see from my profile, i am EB3-India candidate, still awaiting for a looooooog time.
I had been with the same employer for all these time. By god's grace, my projects (consulting) lasted usually for longer duration. But these days, its hard to find projects and route to the employer & i am getting offers for W2 only. I did get some FT offers from employers in the past.... but for sme reason it was not fruitful/materialize. I am still trying ....

Question: If i take a consulting project , file AC-21 now, How long should i wait before i file next AC-21?
Assume, i get one FT offer 4 months down the line, the employer would like to file paper work. With no idea of HR3012 ....etc, Howmany times (practically speaking,based on past experience/hearing) can AC-21 be filed, in a green card lifecycle? ( without getting into trouble like RFE,extra verification.... etc)
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  #2 (permalink)  
Old 04-13-2012, 08:42 PM
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Priority Date
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Aug-02
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EB3
I140 Mailed Date
:
10/01/2005
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:
India
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I-485
I485 Mailed Date
:
06/21/2007
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Default Filing AC-21 multiple times

The following all from my own experience.

Do research on AC21 as much as possible. Ask on line Questions and comeup with different job duties that matches at least > 60-70% what written in your letter. This is most important.

Consult with some Attorney face to face. Write all questions in a paper dont go blank.

1. First thing find a job
WHERE
(at least > 60% job duty IN ( your Job Duty) )
AND
( New salary > your labor salary)
AND
( Your are permanent employee)
AND
( Manager or HR willing to write verification letter with job duties , salary)
AND
(Organization is not a desi company)
AND
( IF Organization is a consulting then should be like IBM, Deloitte etc)

2. Once you cleared to join then meet your attorney and give all paper and offer letter that if AC21 can be filed or not.

I went to Sheela Murthy as I heard that she only takes very safe case. So I knew that my case is safe once she took it. Nobody give 100% guarantee. In my case I was not sure because only 50% matched but She took my case said that it safe.

Following some tips I got from discussion.

=> Take screen print of the job duties of Add.
=> Also insist to HR that write Job duties on offer letter. Or as described in Add something.


3. Ask your current employer who filed your I140, not revoke I140. Give him some K. Because I140 revoke raise a trigger in USCIS. These guys when get triggered 50% chance will make some trouble.

Anyway good attorney take care of it if you meet before joining new company.

In my case I140 was intact and I never saw LUD once AC21 was filed. Yes saw LUD when address was changed.


4. Once joined new Organization get the AC21 letter from employer asap

5. Make sure that you stay at least 1 year to change another one.

6. File FOIA first if you dont have paper. Also you will know where the case is. There is a sheet that has tick mark on many options.

Hope I explained everything will help you!
__________________
EB3 (India): Aug 2002
I-140 approved @ TSC: OCT 2005
I-485 Pending @ TSC: June 2007
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  #3 (permalink)  
Old 04-14-2012, 11:09 AM
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Default

The Organisation is a Desi company + consulting company... It is for a contract position.... that could last anywhere between 6M -1 year... May extend beyond that. I think job duties, Salary would match as the original labor consists of all "wide range of skills". As far as the I140 revoking .... i have been with the same employer for all these time. I guess they would considerate enough to hold it for couple of months, before revoking it.

Has anyone filed AC-21 trying to take a project through a Desi consulting company? Any issues?
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  #4 (permalink)  
Old 04-16-2012, 08:15 AM
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Oct-05
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Default not Mandatory...

Quote:
Originally Posted by gfor_gc View Post
Filing AC21 is not mandatory. In fact some reputed lawyers discourage that. If your I-140 won't be revoked, there is no need to file AC21. Don't assume your employer won't revoke your I-140. Who knows, your employer may have a change of mind later. It is safe to file it once. No need to file it multiple times.

If you get an RFE for EVL a few years later when you are with another employer, be ready to produce an EVL from your employer at that time.
gfor_gc is correct.
My experience: I stayed with my GC employer for 8 yrs and for career sake moved to new employer after `180 days of 485 filing. my attorney said ac21 not mandatory...we'll deal with it, if any rfe. Unfortunately, my new employer laid off/let most recent hires go...after about 18 months. I moved to 2nd employer ... no ac21 this time too. there was an irrelevant rfe which I answered without even consulting my attorny. Finally, GC came in 2010.
I believe it depends on the guy looking at the case. You have to decide and calculate your risks.
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  #5 (permalink)  
Old 04-16-2012, 11:22 AM
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Default

do we get any receipt notice once AC21 is submitted ? .
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  #6 (permalink)  
Old 04-16-2012, 11:34 AM
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Default

Quote:
Originally Posted by ssingh92 View Post

3. Ask your current employer who filed your I140, not revoke I140. Give him some K. Because I140 revoke raise a trigger in USCIS. These guys when get triggered 50% chance will make some trouble.
Totally incorrect.
As long as you have filed AC-21 and you satisfy the conditions for AC-21 you don't need to pay a penny to your employer to not to revoke I-140. In my personal experience my ex-employer revoked I-140 I saw LUDs with message update on 140 & 485. But since my new lawyer had already filed AC-21 I never had any RFE and got my 485 approved.
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  #7 (permalink)  
Old 04-16-2012, 11:38 AM
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No receipt, but your new lawyer might get an acknowledgment letter and an LUD if you are lucky.

Quote:
Originally Posted by GC_EternalJourney View Post
do we get any receipt notice once AC21 is submitted ? .
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  #8 (permalink)  
Old 04-16-2012, 11:43 AM
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Default

Thank you so much . LUD on what ? 485 ?
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  #9 (permalink)  
Old 04-16-2012, 12:36 PM
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Default

Yes, I had an LUD 2 weeks after AC21 docs were mailed by lawyer.
Quote:
Originally Posted by GC_EternalJourney View Post
Thank you so much . LUD on what ? 485 ?
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  #10 (permalink)  
Old 04-16-2012, 01:09 PM
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Default Can Work on W2(Tempoary) using EAD?

Could any please let me know what type of problems will araise down the line, if I work on W2(Temporary).
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