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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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Old 02-12-2016, 12:41 AM
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Cygab is on a distinguished road
Default I485 pending, under 180 days, company spin off before 180 days


I140 approved
I601 submitted same time as I485 (Jan 15/15)
Company is spinning off, being absorbed by new company April 1 2015

I am hoping someone can help in some decision making here.

My current employer, B, is a subsidiary of a large hotel group, A. My L1 was granted on inter company transfer from Canada, employer A exists in both countries.

Company B/wing of company A is now being renamed and sold to a larger company April 1 2015 and my I 485 has been submitted January 15th 2015 with company A as the employer.

The company lawyer says he submitted I765 with I485 and I am now waiting for an EAD. Until this arrives, I cannot work after April 1st for any company.

Company A has the same position open 3 miles down the road. If I were to transfer before April 1st, what would the impact on my I485 be? Would I even have to report it to USCIS? Same employer, same position, same home address? If the I485 goes beyond 180 days, I understand I am in the clear but what if it does not?

Also wondering:

- with an Ead applied for, does this nullify my current L1 visa which is good until January
2017 forever?

- if permanent residency denied, can my L1 still be valid and extended?

Thank you for the help, it's fairly complex and company A lawyer takes weeks and months to respond, time I do not have.

Appreciate it.
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