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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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  #46 (permalink)  
Old 10-08-2007, 07:55 PM
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arindamb is on a distinguished road
Default Has anyone changed job titles on AC-21 ?

What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

Last edited by arindamb; 10-08-2007 at 07:56 PM. Reason: update
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  #47 (permalink)  
Old 10-08-2007, 07:58 PM
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Default

Quote:
Originally Posted by JulyFiler View Post
Let me ask you a question.

When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.

When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

Thanks
I have observed whichever is later
Meaning your current EAD valid till 12-31-2007 and approval is before then starting date is 01-01-2008
If approval date is after 12-31-2007 then starting date is approval date.

I could not understand from sirinme the below -
As long as you applied for renewal you should able to work - that is what i was told from my attorney
"I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry."
__________________
-Krishna
"When the going gets tough, the tough get going."
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  #48 (permalink)  
Old 10-08-2007, 08:06 PM
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neerajkandhari will become famous soon enough neerajkandhari will become famous soon enough
Default

I am july 2 filer

I believe 180 days are over around 31 dec 2007 for using AC21

I am planning to quit my job and go to india for max 3 mnths

I have a job offer and they are ready to hire me from 1 april 2008

what precautions should i take so i dont have problems while coming back

I am planning to use AP
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  #49 (permalink)  
Old 10-08-2007, 10:33 PM
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Hitech-coolie is infamous around these parts
Default Same skills but change of responsibilities..

Hi All
I will ask you in a specific manner .Will you guys help me?

1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?

2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
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  #50 (permalink)  
Old 10-08-2007, 11:29 PM
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Default In reply to: Same skills but change of responsibilities..

Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.

Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".



Quote:
Originally Posted by Hitech-coolie View Post
Hi All
I will ask you in a specific manner .Will you guys help me?

1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?

2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
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  #51 (permalink)  
Old 10-09-2007, 10:08 AM
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neerajkandhari will become famous soon enough neerajkandhari will become famous soon enough
Default

I am july 2 filer

I believe 180 days are over around 31 dec 2007 for using AC21

I am planning to quit my job and go to india for max 3 mnths

I have a job offer and they are ready to hire me from 1 april 2008

what precautions should i take so i dont have problems while coming back

I am planning to use AP for travelling and EAD for working
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  #52 (permalink)  
Old 10-11-2007, 04:16 PM
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Default

Quote:
Originally Posted by arindamb View Post
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):

"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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  #53 (permalink)  
Old 10-29-2007, 08:28 PM
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Lok_sumi is infamous around these parts Lok_sumi is infamous around these parts Lok_sumi is infamous around these parts Lok_sumi is infamous around these parts
Default Current employer not willing to provide I-140 copy

My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies
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  #54 (permalink)  
Old 10-30-2007, 03:11 PM
jsb jsb is offline
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Quote:
Originally Posted by Lok_sumi View Post
My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies
Who filed your AOS? Your I-485 filing has to include an approved copy of I-140 and LC. Since I-485 is your filing, you can ask the attorney to give you a full copy of the filing (including I-140 and LC).
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  #55 (permalink)  
Old 10-30-2007, 04:46 PM
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Default Some good info...

Sorry if this has already been posted
_____________________________

(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of 106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of 106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of 106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


Source: http://www.uscis.gov/propub/ProPubVA...67778ecf8a40f9

Last edited by EkAurAaya; 10-30-2007 at 04:47 PM. Reason: typo
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  #56 (permalink)  
Old 11-01-2007, 03:02 PM
jsb jsb is offline
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Summary of AC21 law provisions poste above.

(1) It is not necessary to work for GC sponsoring employer prior to getting GC
(2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
(3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
(4) Sponsoring employer CAN withdraw I-140 within 180 days.

July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.
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  #57 (permalink)  
Old 11-01-2007, 03:33 PM
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what happens if one changes job after 180 days but the I-140 has not been approved?
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  #58 (permalink)  
Old 11-01-2007, 03:43 PM
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what happens if one changes job after 180 days but the I-140 has not been approved?
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  #59 (permalink)  
Old 11-01-2007, 04:59 PM
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^^^^^^^^^^^
Quote:
Originally Posted by cjain View Post
what happens if one changes job after 180 days but the I-140 has not been approved?
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  #60 (permalink)  
Old 11-01-2007, 05:01 PM
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Quote:
Originally Posted by cjain View Post
what happens if one changes job after 180 days but the I-140 has not been approved?

cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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