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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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  #106 (permalink)  
Old 01-24-2008, 08:06 PM
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Default AC 21 and Switch Employer and AP travel

In this thread there are lot of folks who changed employers using AC21 after 180 days I-485 is pending.

Did they ever travel to thier home country using AP after switching employers from the orginal GC sponsoring employer?

Where they being harassed at Port of Entry by Immigration Officers why siwtched employers and travel on AP?

Please share any experiences
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  #107 (permalink)  
Old 01-24-2008, 09:01 PM
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People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.

Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
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  #108 (permalink)  
Old 02-04-2008, 12:22 PM
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Default Please look out for salary increase in AC 21 filing

Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.

Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.

Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.

Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.

Last edited by nrk; 02-04-2008 at 12:25 PM.
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  #109 (permalink)  
Old 02-10-2008, 09:24 PM
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Default Help needed

To the Gurus,

I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??

Please comment on this.
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  #110 (permalink)  
Old 04-09-2008, 06:05 AM
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Default Change in Job Description with new employer

I searched my case on FLC data center and found following for my LC approval

Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES

While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.

Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?

Thanks in advance for your inputs and thoughts.
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  #111 (permalink)  
Old 04-23-2008, 11:42 AM
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Default

My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
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  #112 (permalink)  
Old 04-23-2008, 12:38 PM
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Default Uscis.

Quote:
Originally Posted by meimmi View Post
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.

If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

I hope it helps.

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  #113 (permalink)  
Old 04-28-2008, 02:22 PM
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Question Question

Can you let us know how did you search your case by? Website, what data do I need to pull the record? I dont have my labor copy with me. Also I dont know where my labor was filed.

Quote:
Originally Posted by niraja74 View Post
I searched my case on FLC data center and found following for my LC approval

Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES

While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.

Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?

Thanks in advance for your inputs and thoughts.
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  #114 (permalink)  
Old 06-01-2008, 07:32 PM
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Default

Hi Gurus,

I have couple of questions regarding my AC21 portability, please post your thoughts on this.

My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,

1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?

2) Will there be any impact on my old I485 application in case of interfiling denial?

thanks
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  #115 (permalink)  
Old 06-02-2008, 09:44 AM
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Default

Please share your experience, if any one come across this situation
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  #116 (permalink)  
Old 10-04-2008, 11:30 PM
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Default need advice on my situation

My employer is being brought by another company although my position,salary,location of employment is just the same.

My 485 is pending.. So do i need to inform USCIS about this and does this even qualify as a AC-21 case?
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  #117 (permalink)  
Old 04-01-2009, 02:33 AM
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Default AC21 - H1B validity and recovery

Hi All,

I have a question about invoking AC21 using EAD vs AC21 using H1B.

My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.

I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.

My question however is regards to the EAD/H1B usage after revoking AC21.

I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.

So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:

1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?

I would really appreciate if someone could help me out.

regards,
ssk

ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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  #118 (permalink)  
Old 04-01-2009, 04:33 AM
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Default

Quote:
Originally Posted by skgc View Post
Hi All,



I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.

When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
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  #119 (permalink)  
Old 07-12-2009, 02:01 PM
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Shaikhtabrez is an unknown quantity at this point
Default Is this true?Can't use Ead for primary job?

New Traps for Aliens Filing for a Green Card

does this mean one cannot use wad for primary job?
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  #120 (permalink)  
Old 07-12-2009, 03:40 PM
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Default

Quote:
Originally Posted by Shaikhtabrez View Post
New Traps for Aliens Filing for a Green Card

does this mean one cannot use wad for primary job?
There was a whole discussion on one of the threads. There was also an IV Core clarification from USCIS dig it in the threads.
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