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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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  #1  
Old 06-29-2008, 03:39 AM
sundarpn sundarpn is offline
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Default Checklist on AC21 - Questions to a new employer.

For folks who are past the 180 day period:-

what does one have verify with HR of the new company specifically with regard to AC 21 portability?

Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

Last edited by sundarpn; 07-01-2008 at 03:41 AM. Reason: confidentiality
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  #2  
Old 06-29-2008, 04:45 AM
gccovet gccovet is offline
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Quote:
Originally Posted by sundarpn View Post
For folks who are past the 180 day period:-

When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability?

Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

GCCovet
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  #3  
Old 06-29-2008, 11:36 AM
krishna krishna is offline
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Most west coast technology firms are very aware of the AC21 regulations. I recently talked to the HR of a reputed west coast firm and they told me the procedure for porting. They also let me talk to their law firm which deals with their immigration process. So the answer really depends on the company that you are about to join. It is not a bad idea to get everything clear before making the move.
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  #4  
Old 06-29-2008, 02:56 PM
eb3retro eb3retro is offline
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Default i invoked ac21 twice..

i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.
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EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #5  
Old 06-30-2008, 02:03 PM
greenguru greenguru is offline
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Default Well Said

Well Said, EB3 retro.

My job title is Software Engineer, can i join another company with a different job titile.


Cheers
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  #6  
Old 06-30-2008, 06:04 PM
sundarpn sundarpn is offline
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Default

eb3retro,

Did u change employers on EAD? or H1b transfer?

Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?

2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).

thx
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  #7  
Old 06-30-2008, 07:37 PM
eb3retro eb3retro is offline
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Default here r my answers..

Quote:
Originally Posted by sundarpn View Post
eb3retro,

Did u change employers on EAD? or H1b transfer?
on EAD..


Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?


2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).



thx
1) did it myself..
2) yep i changed address, no rfes for anything..
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #8  
Old 06-30-2008, 08:23 PM
ars01 ars01 is offline
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Well said EB3 retro!! I like you approach. I have lost interest of GC. And actually, I don't care at all what happens to GC as I don't want to make my life decisions based on USCIS guidelines. I mean, I came here 11 years ago and I think US has lost the efficiencies it was known for. Very sad, but true.
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  #9  
Old 06-30-2008, 09:31 PM
ponnuswamyp ponnuswamyp is offline
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Default

Quote:
Originally Posted by eb3retro View Post
1) did it myself..
2) yep i changed address, no rfes for anything..
Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?
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  #10  
Old 07-01-2008, 12:05 AM
eb3retro eb3retro is offline
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Default attorney...

Quote:
Originally Posted by ponnuswamyp View Post
Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?

i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #11  
Old 07-01-2008, 12:55 AM
sundarpn sundarpn is offline
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Default

eb3retro,

You changed on h1b transfer right? not on EAD?


I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).


thanks
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  #12  
Old 07-01-2008, 01:41 AM
eb3retro eb3retro is offline
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Default Nope ..

Quote:
Originally Posted by sundarpn View Post
eb3retro,

You changed on h1b transfer right? not on EAD?


I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).


thanks

nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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