Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-14-2008, 06:07 PM
ajthakur ajthakur is offline
Junior Member
Priority Date
:
Before 2000
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2008
Posts: 24
ajthakur will become famous soon enough
Default RFE on 485 after filing for EAD extension

I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?

Last edited by ajthakur; 07-14-2008 at 06:14 PM.
Bookmark and Share Compare Reply With Quote


  #2  
Old 07-14-2008, 06:15 PM
mmrao2007 mmrao2007 is offline
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
10/22/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jan 2007
Posts: 38
mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts
Default

May be you can submit AC 21 now. Just a wild guess
Bookmark and Share Compare Reply With Quote


  #3  
Old 07-14-2008, 06:17 PM
ajthakur ajthakur is offline
Junior Member
Priority Date
:
Before 2000
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2008
Posts: 24
ajthakur will become famous soon enough
Default

What options do I have now
Bookmark and Share Compare Reply With Quote


  #4  
Old 07-14-2008, 06:18 PM
abracadabra102 abracadabra102 is offline
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 148
abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of
Default

Quote:
Originally Posted by ajthakur View Post
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
Bookmark and Share Compare Reply With Quote


  #5  
Old 07-14-2008, 06:31 PM
rajuseattle rajuseattle is offline
Senior Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
07/13/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Jul 2007
Posts: 176
rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute rajuseattle has a reputation beyond repute
Smile

ajthakur,

You should have wait for at least 6 months before switching jobs.

You can talk to the attorney who can give you some advice on AC-21.

Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.

Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.

Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.

USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.

Hope this helps...I am not an attorney, but thought my few cents might help you.
Bookmark and Share Compare Reply With Quote


  #6  
Old 07-14-2008, 06:35 PM
indianindian2006 indianindian2006 is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
07/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 429
indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future
Default

Quote:
Originally Posted by ajthakur View Post
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?

Could you inform us what your Eb category is and what is your priority dates.
TIA
Bookmark and Share Compare Reply With Quote


  #7  
Old 07-14-2008, 06:44 PM
ajthakur ajthakur is offline
Junior Member
Priority Date
:
Before 2000
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2008
Posts: 24
ajthakur will become famous soon enough
Default

PD: Jan 2006
Category: EB2
Quote:
Originally Posted by indianindian2006 View Post
Could you inform us what your Eb category is and what is your priority dates.
TIA
Bookmark and Share Compare Reply With Quote


  #8  
Old 07-14-2008, 06:47 PM
ajthakur ajthakur is offline
Junior Member
Priority Date
:
Before 2000
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2008
Posts: 24
ajthakur will become famous soon enough
Default

Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Quote:
Originally Posted by rajuseattle View Post
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Bookmark and Share Compare Reply With Quote


  #9  
Old 07-14-2008, 06:52 PM
indianindian2006 indianindian2006 is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
07/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 429
indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future
Default

Quote:
Originally Posted by ajthakur View Post
PD: Jan 2006
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
Bookmark and Share Compare Reply With Quote


  #10  
Old 07-14-2008, 06:52 PM
Ramba Ramba is offline
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by ajthakur View Post
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
Bookmark and Share Compare Reply With Quote


  #11  
Old 07-14-2008, 06:56 PM
kaisersose kaisersose is offline
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

Quote:
Originally Posted by ajthakur View Post
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.

Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.

Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Bookmark and Share Compare Reply With Quote


  #12  
Old 07-14-2008, 06:56 PM
indianindian2006 indianindian2006 is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
07/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 429
indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future indianindian2006 has a brilliant future
Default

Quote:
Originally Posted by ajthakur View Post
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.

Last edited by indianindian2006; 07-14-2008 at 06:58 PM.
Bookmark and Share Compare Reply With Quote


  #13  
Old 07-14-2008, 06:57 PM
VivekAhuja VivekAhuja is offline
Banned
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
01/08/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/26/2007
Compare
Join Date: Dec 2007
Posts: 113
VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts VivekAhuja is infamous around these parts
Default No AC21

Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
Bookmark and Share Compare Reply With Quote


  #14  
Old 07-14-2008, 07:01 PM
Ramba Ramba is offline
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by VivekAhuja View Post
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.

This is aboslutly incorrect. Dont spread false information.

Here is the Q&A in USCIS memo abot changing employer before 180 days

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
Bookmark and Share Compare Reply With Quote


  #15  
Old 07-14-2008, 07:02 PM
Sunx_2004 Sunx_2004 is offline
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
12/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jan 2006
Posts: 185
Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts
Default Can new company file amendmend to existing I 140

Can new company file amendmend to existing I-140...
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..

My question to gurus is-Will he be ok if his new company amend the I140.


Quote:
Originally Posted by kaisersose View Post
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.

Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.

Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1 B Extension Filing loku Non-Immigrant Visa 2 03-25-2009 07:45 PM
filing H1-B extension .. 10 yrs already on H1B mallickarjunreddy Out of status, employment gap and status revalidation 3 02-26-2009 03:51 PM
H1B extension filing ohm Non-Immigrant Visa 1 01-29-2009 11:42 PM
Filing AP extension sendmailtojk Receipt tracker of 485, EAD and AP applications 0 02-26-2008 06:19 PM
H1B Extension after filing I - 485 gimme_greencard Out of status, employment gap and status revalidation 3 08-30-2007 03:00 PM



All times are GMT -4. The time now is 11:01 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org