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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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  #121 (permalink)  
Old 01-13-2011, 09:16 PM
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Default AC21 Advice

I am trying to switch employer. The job title and job description is similar what written in my I140. At least 75% job duties are included in new job duties. But none of new employers where I found employment ready to write job duties. What is the other way to show that I am doing similar job duties. Should I keep scree shot of JOB add? Any idea.

Also my current EAD will expire in Aug,2011 I have to file extension in April. Employer asks if extension is denied... How to explain new employers.

If job title is exactly same as written in I140/labour does it still require to show job duties written by employer to USICS.

Thanks in advance.
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  #122 (permalink)  
Old 05-02-2011, 08:20 PM
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deziliu is on a distinguished road
Default changing job after 4 years submitting I-485

Hi, all:

I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.

I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

So, my questions are:

(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?

Thanks.

Bruce
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  #123 (permalink)  
Old 05-03-2011, 01:46 PM
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Default

Quote:
Originally Posted by deziliu View Post
Hi, all:

I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.

I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

So, my questions are:

(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney

(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk

(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS


(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

Thanks.

Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
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  #124 (permalink)  
Old 12-21-2011, 10:06 AM
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Default 180 rule and implications

Friends,
As i understand the 180 rule is that you can switch employers only after 180 days are past from filing the 485 with the current employer. My question is if there are opportunities out there and i would like to switch within the 180 days (provided my job duties are the same/similar) what are the implications on the 485 approval?
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  #125 (permalink)  
Old 01-14-2013, 07:11 PM
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Hibernate is infamous around these parts Hibernate is infamous around these parts
Default Urgent help : 485 denied.

Hi,

Here is my case details:
I-140 filed: Feb 2007
485 filed July 2007 (was on H1B with same employer)
switched empoloyer in march 2010 and sent AC21 letter.
received I-485 straight denial:

Here are the important words as writeen (let me know if you need any other info).

A review of your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012. Form I-140 was subsequently revoked on July xx, 2012. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigrant visa petition.


I can't appeal the case but can file MTR (reopen/reconsider) within 30 days.

My question is why was I denied without NOID when we filed AC21? It doesn't mention the exact reason of I-140 revocation. Am i missing reading between lines? Could it be that I-140 was revoked for fraud or anything else? I would appreciate any help on this as I am going to be out of status and not sure if MTR would help or not or if AC21 should be the only ground for MTR.
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  #126 (permalink)  
Old 01-14-2013, 07:15 PM
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Default

Quote:
Originally Posted by Hibernate View Post
Hi,

Here is my case details:
I-140 filed: Feb 2007
485 filed July 2007 (was on H1B with same employer)
switched empoloyer in march 2010 and sent AC21 letter.
received I-485 straight denial:

Here are the important words as writeen (let me know if you need any other info).

A review of your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012. Form I-140 was subsequently revoked on July xx, 2012. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigrant visa petition.


I can't appeal the case but can file MTR (reopen/reconsider) within 30 days.

My question is why was I denied without NOID when we filed AC21? It doesn't mention the exact reason of I-140 revocation. Am i missing reading between lines? Could it be that I-140 was revoked for fraud or anything else? I would appreciate any help on this as I am going to be out of status and not sure if MTR would help or not or if AC21 should be the only ground for MTR.

Also, My I-140 was approved on Jan 2008.
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  #127 (permalink)  
Old 01-14-2013, 09:32 PM
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Default Meet with an Attorney ASAP

Quote:
Originally Posted by Hibernate View Post
Also, My I-140 was approved on Jan 2008.
Please meet with an attorney ASAP. I think your GC employer revoked I140. If I140 revoked, anything can happen, and yours is worst case scenario.

Mine was Sheela Murthy. Since she only takes safe case so I meet her before switchover to make sure my case is OK and no risk is there. Then hired her law firm. Spent around 4K and had peace of mind till I received GC.
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  #128 (permalink)  
Old 01-15-2013, 05:10 AM
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Hibernate is infamous around these parts Hibernate is infamous around these parts
Default

Quote:
Originally Posted by ssingh92 View Post
Please meet with an attorney ASAP. I think your GC employer revoked I140. If I140 revoked, anything can happen, and yours is worst case scenario.

Mine was Sheela Murthy. Since she only takes safe case so I meet her before switchover to make sure my case is OK and no risk is there. Then hired her law firm. Spent around 4K and had peace of mind till I received GC.
Can you please elaborate why do you think this is worst case scenario?
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  #129 (permalink)  
Old 01-15-2013, 06:14 AM
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Default

Quote:
Originally Posted by Hibernate View Post
Can you please elaborate why do you think this is worst case scenario?
You supposed to get RFE, as you already filed AC21. But U received denial.
Denial could be not matching job duties in the AC21 letter and Labour/I140.

So I suggested to meet attorney.
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  #130 (permalink)  
Old 01-15-2013, 06:18 AM
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Default

The attorney also can explain that why they wrote following :

Form I-140 was subsequently revoked on July xx, 2012. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigrant visa petition.
__________________
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