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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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  #61 (permalink)  
Old 11-01-2007, 05:17 PM
ita ita is offline
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Quote:
Originally Posted by rbms View Post
Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?

Thank you.
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  #62 (permalink)  
Old 11-01-2007, 05:48 PM
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manderson,

thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".


Quote:
Originally Posted by manderson View Post
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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  #63 (permalink)  
Old 11-01-2007, 05:55 PM
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Default Summary: Using AC21 safely

Guys,

Here is my understanding. Please add your suggestions and opinions

Goal: Use AC21 safely to achieve GC

Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")

Prerequsites:
------------
Good Relations with X
----------------------

Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period

Bad Relations with X
--------------------

Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)

Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.

Thanks.

AM I MISSING SOMETHING?
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Last edited by BharatPremi; 11-01-2007 at 06:00 PM.
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  #64 (permalink)  
Old 11-01-2007, 06:13 PM
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Quote:
Originally Posted by cjain View Post
manderson,

thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
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  #65 (permalink)  
Old 11-01-2007, 06:15 PM
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Default Bharatpremi

I would like to reiterate per my previous message that Aytes memo clearly states that I-140 approval is not needed.

If anybody disagrees pls. say something now...
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  #66 (permalink)  
Old 11-01-2007, 06:18 PM
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pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..

Quote:
Originally Posted by BharatPremi View Post
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
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  #67 (permalink)  
Old 11-01-2007, 06:20 PM
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Default Gurus

Gurus, experts, malik log...

Pls. illuminate us on this topic...
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  #68 (permalink)  
Old 11-01-2007, 06:21 PM
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Quote:
Originally Posted by neerajkandhari View Post
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
I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.
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  #69 (permalink)  
Old 11-01-2007, 06:37 PM
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Originally Posted by cjain View Post
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.

So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.

Note: With big companies, This may not happen. But with small desi companies this can happen.
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  #70 (permalink)  
Old 11-01-2007, 06:42 PM
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i work for big company...and i have paystubs...

in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...

i am beginning to see light at the end of the tunnel...
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  #71 (permalink)  
Old 11-01-2007, 06:44 PM
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Quote:
Originally Posted by cjain View Post
i work for big company...and i have paystubs...

in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...

i am beginning to see light at the end of the tunnel...
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  #72 (permalink)  
Old 11-02-2007, 11:58 AM
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Quote:
Originally Posted by BharatPremi View Post
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.

Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)

Bottomline is that there has to be at least one I-140 approved at some stage.

Last edited by jsb; 11-02-2007 at 12:45 PM. Reason: Last line added
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  #73 (permalink)  
Old 11-02-2007, 12:18 PM
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Default Great Post

I was confident on this before, you have just made me super confident.

I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
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  #74 (permalink)  
Old 11-02-2007, 12:56 PM
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Quote:
Originally Posted by cjain View Post
I was confident on this before, you have just made me super confident.

I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:

Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

There are always grey areas in law, otherwise we don't need lawyers.

Last edited by jsb; 11-02-2007 at 12:58 PM.
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  #75 (permalink)  
Old 11-08-2007, 09:46 AM
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Question Need Advice

I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
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