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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 05-29-2008, 12:04 PM
kcindian kcindian is offline
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Default Switching Jobs and EB Category

Gurus,

I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

Thank You for answering my questions.
KC Indian

Last edited by kcindian; 05-29-2008 at 12:07 PM.
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  #2  
Old 05-29-2008, 12:17 PM
kaisersose kaisersose is offline
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Originally Posted by kcindian View Post
Gurus,

I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

-- No.

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
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  #3  
Old 05-29-2008, 12:21 PM
kcindian kcindian is offline
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Default

Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.

I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

KC INdian
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  #4  
Old 05-29-2008, 12:57 PM
kaisersose kaisersose is offline
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Originally Posted by kcindian View Post
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.

I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

KC INdian
Three steps,

1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.

2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.

3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.

Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
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  #5  
Old 05-29-2008, 01:12 PM
kcindian kcindian is offline
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This is good information. Thanks for sharing.
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  #6  
Old 05-29-2008, 02:54 PM
add78 add78 is offline
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Originally Posted by kcindian View Post
This is good information. Thanks for sharing.
Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/sh...ad.php?t=19224
and actively participate in your state chapter's initiatives.
Thank You.
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  #7  
Old 05-31-2008, 12:00 PM
kcindian kcindian is offline
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Default How Long does it take to renew EAD/AP

Hi,

Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.

KCIndian

Made $100 one-time contribution.

Last edited by kcindian; 05-31-2008 at 12:06 PM.
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  #8  
Old 05-31-2008, 12:51 PM
webm webm is offline
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Default

Quote:
Originally Posted by kcindian View Post
Hi,

Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.

KCIndian

Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
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  #9  
Old 06-05-2008, 09:58 PM
kevnss kevnss is offline
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Default Changing Title

Quote:
Originally Posted by kaisersose View Post
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

-- No.

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.

This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
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