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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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  #91 (permalink)  
Old 12-16-2007, 06:45 PM
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Default

Quote:
Originally Posted by HumHongeKamiyab View Post
One more AC21 question -

Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?

Thanks,
If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
- copy of LC or atleast the section that describes the skills
- copy of employment verification letter which describes skills

original I-140 typically stays with employer. trhey might give youa copy of the approval notice...
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  #92 (permalink)  
Old 12-16-2007, 06:50 PM
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Default Thank you so much

Appreciate your quick response.

Quote:
Originally Posted by gc_chahiye View Post
If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
- copy of LC or atleast the section that describes the skills
- copy of employment verification letter which describes skills

original I-140 typically stays with employer. trhey might give youa copy of the approval notice...
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  #93 (permalink)  
Old 12-19-2007, 03:02 PM
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Default question regarding 180 day rule ?

I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

I know this question should had been asked by other members also, but I don't want to search all threads.

Looking for some genuine answers instead of thread bashings.

Thanks in Adv.
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  #94 (permalink)  
Old 12-19-2007, 03:33 PM
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Default

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Originally Posted by sanjay View Post
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

I know this question should had been asked by other members also, but I don't want to search all threads.

Looking for some genuine answers instead of thread bashings.

Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
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  #95 (permalink)  
Old 12-19-2007, 05:24 PM
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Default Can I work on any job until my case is being adjudicated?

Hi All,

I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.

Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

Thanks in advance!
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  #96 (permalink)  
Old 12-20-2007, 11:23 AM
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Default

Quote:
Originally Posted by dsairam View Post
Hi All,

I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.

Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

Thanks in advance!
Prior to getting your GC, you can work

(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.

Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.

If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.

So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.

You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
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  #97 (permalink)  
Old 01-14-2008, 10:21 PM
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Default Sharing my lawyer's info

I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
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  #98 (permalink)  
Old 01-18-2008, 04:57 AM
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Default

These links should answer any AC21 questions

http://www.immigrationportal.com/arc...php/f-121.html

http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
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  #99 (permalink)  
Old 01-21-2008, 02:29 PM
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Default Which I140 is used in 485 ?

I have EB2 PERM and EB3 I140 approved. Since my EB3 PD date is earlier than EB2 PD , my lawyer filed my 485 with EB3 I140.

Is there any way to find from 485 receipt or application which I140 was used for filing ?
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  #100 (permalink)  
Old 01-21-2008, 02:58 PM
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Not that anyone would do this purposefully...
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
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  #101 (permalink)  
Old 01-21-2008, 04:30 PM
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Default

Quote:
Originally Posted by TomTancredo View Post
Hello

I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?

This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".

Any suggestions?
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  #102 (permalink)  
Old 01-24-2008, 04:19 PM
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Question H1B validity after approved I-140 revoked

All,

I appreciate all your inputs on the below mentioned scenario.

1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21


Stage 4 in detail:

a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B

Now coming to the questions.

1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?

2. Say now employer A revokes I-140, what will be the status on the approved H1B?

3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
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  #103 (permalink)  
Old 01-24-2008, 06:45 PM
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amdn123 is infamous around these parts amdn123 is infamous around these parts
Default AC21 necessary right away?

I have changed employers on an H1B transfer. My previous employer had filed an I-485, I went through FP as well and it has been 180 days from the filing date. My new employer's lawyer had advised them that AC-21 need not be filed until visa numbers become current. Is that correct? What if I go to a consulate for H1B visa stamping and they ask me whether AC21 has been filed for the empployment visa? Please advise, I am quite confused.
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  #104 (permalink)  
Old 01-24-2008, 07:01 PM
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Default Probably risky...

Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.



Quote:
Originally Posted by GCperm View Post
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.

Thanks,
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  #105 (permalink)  
Old 01-24-2008, 07:52 PM
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Default AC21 filing necessary?

Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
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