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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 06-06-2008, 07:26 PM
imv116 imv116 is offline
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Default AC21:I140 approved;I485 pending more then 180 days; Employer wanting to revoke I140

Hi,

I have some questions in regard to using AC21.

Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?

Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

http://www.uscis.gov/files/pressrele..._AC21_8403.pdf
http://www.murthy.com/news/UDportme.html

Please give your suggestions

Thanks All,
IMV116
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  #2  
Old 06-06-2008, 07:29 PM
sam_hoosier sam_hoosier is offline
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Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
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  #3  
Old 06-06-2008, 07:36 PM
imv116 imv116 is offline
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Hi S.Hoosier,

Subject to the AC21 restrictions, like what? Could you please elaborate?

Quote:
Originally Posted by sam_hoosier View Post
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
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  #4  
Old 06-06-2008, 07:52 PM
lalithkx lalithkx is offline
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Default AC21 restrictions

Job should be same or similar responsibilities and salary
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  #5  
Old 06-06-2008, 08:55 PM
gcformeornot gcformeornot is offline
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Quote:
Originally Posted by lalithkx View Post
Job should be same or similar responsibilities and salary
salary is not requirement. It can not be less off course. It can be equal or more than LC.
Currently only 2 requirements
140 Approved and 485 pending more than 180 days.
Job should be same or similar title. Yes title only job duties do not matter.

This is per my lawyer.
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  #6  
Old 06-06-2008, 11:13 PM
Aah_GC Aah_GC is offline
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Don't worry about your I140 getting revoked, AC21 is built for your career, security and comfort keeping in mind the USCIS delays. Go ahead and use it and Good luck. Make sure you are careful with SOC codes, and do a good job of keeping your status and career in accordance with the rules. The rest will take care of itself.
If you are sure about your I140 getting revoked, make sure you let USCIS know of your AC21 portability. Good luck.
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Last edited by Aah_GC; 06-07-2008 at 01:04 AM.
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  #7  
Old 06-07-2008, 12:03 PM
clif clif is offline
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Default It's ok

You can change jobs. Make sure you (or your attorney) send the AC21 letter to USCIS before your employer revokes the approved I-140. If you do that, the revokation won't have much effect, otherwise you may get NOID (Notice of Intent to Deny).
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  #8  
Old 06-12-2008, 12:54 PM
sss9i sss9i is offline
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Default Please suggest!!!!

My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
“Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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  #9  
Old 07-25-2008, 11:49 PM
golf52 golf52 is offline
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Hello sss9i,

Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.

I'm going through some interviews now (another company) and have
a good chance to get a very good offer.

Please reply with your comments.
Regards,

golf52
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  #10  
Old 07-26-2008, 12:39 AM
krish.d.rao krish.d.rao is offline
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Default AC 21 without I140 approval

you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
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  #11  
Old 07-26-2008, 06:36 AM
morchu morchu is offline
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Default

Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

Well the above is my personal opinion. Ultimately it is your choice.

-Morchu


Quote:
Originally Posted by sss9i View Post
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
“Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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  #12  
Old 07-26-2008, 10:44 AM
golf52 golf52 is offline
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Default

krish.d.rao, Morchu,

Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...

2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.

Do you guys think this would be an issue?

Please advice, and thanks in advance for your comments/help,

golf52
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