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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 09-20-2007, 04:31 PM
AmericanDreamZ AmericanDreamZ is offline
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Default Do I need to do some kind of ammendment to 140 for AC21

Hi All

I read most of the threads on AC21 and how its done and also s copy of the memo form the USCIS site. The question I have is, is there any step like an amendment that needs to happen to the I-140 application, when i switch employers invoking AC21. Advice or guidance to threads on this would be appreciated.

Thanks
AD
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  #2  
Old 09-20-2007, 06:21 PM
fromnaija fromnaija is offline
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There is no requirements to update your I-140 application before invoking AC21. Some people advocate that you write a letter to USCIS informing that you are invoking AC21 and changing your employer but others say this letter is of no effect. The only time USCIS is aware of your change of employer is if you are asked to submit your employment letter before your 485 is approved.

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Originally Posted by AmericanDreamZ View Post
Hi All

I read most of the threads on AC21 and how its done and also s copy of the memo form the USCIS site. The question I have is, is there any step like an amendment that needs to happen to the I-140 application, when i switch employers invoking AC21. Advice or guidance to threads on this would be appreciated.

Thanks
AD
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Last edited by fromnaija; 09-20-2007 at 06:37 PM.
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  #3  
Old 09-21-2007, 03:12 PM
AmericanDreamZ AmericanDreamZ is offline
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Default Thank You

Quote:
Originally Posted by fromnaija View Post
There is no requirements to update your I-140 application before invoking AC21. Some people advocate that you write a letter to USCIS informing that you are invoking AC21 and changing your employer but others say this letter is of no effect. The only time USCIS is aware of your change of employer is if you are asked to submit your employment letter before your 485 is approved.
Thank you for your response fromnaija.
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Old 09-21-2007, 03:38 PM
manderson manderson is offline
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Default slightly related question:

can your employer withdraw your 140 after 180 and effect your 485 process, if you continue to stay with them?

i know that it won't matter if you change employer via AC21 after 180 days. i was wondering about what if you don't change employer (i.e. not use AC21)....
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  #5  
Old 09-21-2007, 03:43 PM
AmericanDreamZ AmericanDreamZ is offline
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Default interesting question

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Originally Posted by manderson View Post
can your employer withdraw your 140 after 180 and effect your 485 process, if you continue to stay with them?

i know that it won't matter if you change employer via AC21 after 180 days. i was wondering about what if you don't change employer (i.e. not use AC21)....
Manderson

Thats an interesting scenario, I don't have an answer, but just curious, why you would want to stay with an employer, who would want to revoke the 140 application. if this is a case wouldn't you be better off moving on to another company?

AD
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Old 09-21-2007, 03:52 PM
manderson manderson is offline
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Default

AmericanDreamZ,

actually i am with a good company and they won't revoke it. but i was wondering about the possibility of if they can and what will it mean to me...

i wanted to know main factor behind maintaining your GC independence: is it through AC21 or 180 day test?
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  #7  
Old 09-21-2007, 04:00 PM
gcpadmavyuh gcpadmavyuh is offline
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Smile that's a good question!

manderson... good question!

If your employer revokes your approved 140 after 180 days of pending 485... that has no effect as long as he is willing to provide you with an employment verification letter if there is an RFC...

To use AC21, all you need is an offer letter for a future job which is in same or similar category as your original Labor.

Also, AC21 is the law, and 180 days is the reasonable amount of time in which USCIS should have adjudicated your case. USCIS expects you to hold on to your original intent of working with the employer who sponsored your GC during this period.

Quote:
Originally Posted by manderson View Post
AmericanDreamZ,

actually i am with a good company and they won't revoke it. but i was wondering about the possibility of if they can and what will it mean to me...

i wanted to know main factor behind maintaining your GC independence: is it through AC21 or 180 day test?
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Last edited by gcpadmavyuh; 09-21-2007 at 05:00 PM. Reason: typo
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