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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 09-16-2009, 12:35 PM
pmat pmat is offline
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Default Invoking AC21??

I have received a very good job offer and am considering whether to accept it. The salary offered is 15% more than what I am currently making with much better overall benefits. I will have to relocate to a different state. My GC has not been approved yet and I'll be using AC21. The new job is in the same area as my current job. Both my current employer and the new employer are Fortune 100 firms.

I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.

Let me know your thoughts.
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  #2  
Old 09-16-2009, 01:09 PM
fide_champ fide_champ is offline
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Originally Posted by pmat View Post
I have received a very good job offer and am considering whether to accept it. The salary offered is 15% more than what I am currently making with much better overall benefits. I will have to relocate to a different state. My GC has not been approved yet and I'll be using AC21. The new job is in the same area as my current job. Both my current employer and the new employer are Fortune 100 firms.

I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.

Let me know your thoughts.
If i were in your position, i would wait for my green card as it is very close. You don't want to go through the hassles of MTR just in case your I485 gets denied. Get your GC and your opportunities might be greater than what you have now. Don't be stupid enough to get into problems.
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  #3  
Old 09-16-2009, 01:10 PM
jungalee43 jungalee43 is offline
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Default Hang on right where you are

Based on my own (horrible) experience with AC21, I would advise you stay where you are. Keep your case clean with respect to I-140. Take GC and then plan your life from there. Anyway you are just a few months away from GC. Why invite trouble? 15% rise or some improvement in overall benefit is not a good offset for the risk that you are taking.
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  #4  
Old 09-16-2009, 01:17 PM
laborchic laborchic is offline
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Default Horrible experiences?????

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Originally Posted by jungalee43 View Post
Based on my own (horrible) experience with AC21, I would advise you stay where you are. Keep your case clean with respect to I-140. Take GC and then plan your life from there. Anyway you are just a few months away from GC. Why invite trouble? 15% rise or some improvement in overall benefit is not a good offset for the risk that you are taking.
Jungalee43,

What horrible experiences you had for AC21?? I am at a spot where it seems I will have to use AC21.. probably no other option.Just trying to be cautious!!!!
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  #5  
Old 09-16-2009, 01:20 PM
fide_champ fide_champ is offline
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Originally Posted by laborchic View Post
Jungalee43,

What horrible experiences you had for AC21?? I am at a spot where it seems I will have to use AC21.. probably no other option.Just trying to be cautious!!!!
If you have got no other option, then yes you got to use it. But to me the author of this initial post is taking an unnecessary risk when he is so near.
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  #6  
Old 09-16-2009, 01:28 PM
Mydream Mydream is offline
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Default

You are close to get GC.If you think it is so necessary then go for it.My vote is to wait. But you asked for one question if your employer revokes your 140.Please check this URL which i have got it will tell you all the things.

MurthyDotCom : BCIS Memo on I-485 Portability After I-140 Revocation
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  #7  
Old 09-16-2009, 01:41 PM
jungalee43 jungalee43 is offline
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Default AC-21 experience

Please read all my posts in the thread "Did anyone actually use AC21?". You can google on this and that thread from IV comes up on google.
Well, AC21 is not a part of rules in federal register and many officers choose to ignore the various memos that are so popular among us and they issue denials. MTR is the only option available after that and you can't work during that time. I am not clear on unlawful presence. But I am going through MTR process right now and believe me the experience is nerve wrenching. The tension is incomparable to any other event in your life and in this tension you are likely to develop diseases that may go away only with you.
If you have no other choice, then pray and take this risky path. But I am regretting as I write this to be honest.

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Originally Posted by laborchic View Post
Jungalee43,

What horrible experiences you had for AC21?? I am at a spot where it seems I will have to use AC21.. probably no other option.Just trying to be cautious!!!!
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  #8  
Old 09-16-2009, 01:53 PM
pmat pmat is offline
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Default

Thanks for sharing your thoughts. I am planing to call up the HR of the new company today and ask them to involve an immigration attorney this process - if the immigration attorney and the new company is ready to take measures to reduce the AC21 risks for me (like H1 transfer, etc.) along with taking the tab - then I will think about accepting the offer. Otherwise I will wait...

it seems so bad to miss such offers when you like the new place and work environ.
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  #9  
Old 09-16-2009, 02:21 PM
saileshdude saileshdude is offline
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Default

Quote:
Originally Posted by jungalee43 View Post
Please read all my posts in the thread "Did anyone actually use AC21?". You can google on this and that thread from IV comes up on google.
Well, AC21 is not a part of rules in federal register and many officers choose to ignore the various memos that are so popular among us and they issue denials. MTR is the only option available after that and you can't work during that time. I am not clear on unlawful presence. But I am going through MTR process right now and believe me the experience is nerve wrenching. The tension is incomparable to any other event in your life and in this tension you are likely to develop diseases that may go away only with you.
If you have no other choice, then pray and take this risky path. But I am regretting as I write this to be honest.
Hi Jungalee,

While I understand your position regarding AC21 based on your experience, AC21 is a law. Your case seems to be one of the rare case where the IO does not seem to be aware of the rules. If they are choosing to ignore the memos, then they are inconsistent with other service centers where other people are able to file MTR and re-open their applications.

AC21 is a law, and it is very clear from it that a person can change jobs after 180 days of AOS pending. So although there have been various memos out , it is also true that AC21 is not just a memo but a law. And IOs are supposed to follow the law.

If your attorney has handled other AC21 denial cases then he/she should bring up those cases to make your case with the IO.
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  #10  
Old 09-16-2009, 05:41 PM
jungalee43 jungalee43 is offline
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Default It is law of land. But we are the sufferers

Sailesh, I understand your point.
I firmly believe that AC21 is the law of the land. But IOs also need to believe that. Thier authority is unquestionable. If they choose to ignore the law of the land, who suffers? No one is going to question them. We go through the torture of MTR and remember MTR is a request. They are the ones to decide MTR. With so many cases of wrongful AC21 denials over a period of one year, they are still doing that, despite 100 odd letters that IV members sent to directors and Ombudsman. That in itself speaks a lot. I don't know what happened to IV campaign on this issue. I joined that campaign and did my part. I had no idea at that time that 8 months later I would be one of the victims.
The very law that was passed to help us, is being used to trap us.
You cannot kill anyone is also a law of the land. I leave it there.
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  #11  
Old 09-16-2009, 09:50 PM
pmat pmat is offline
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Default

Had a talk with the HR of the new company. They are willing to support my GC case and agreed to take tab of all expenses related to it - their law firm will handle my case. I am planning to have a tele-conf with their lawyer before taking a decision.

I am currently on H1B... will a H1B transfer be better in this case instead of using EAD?
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  #12  
Old 09-16-2009, 10:55 PM
jungalee43 jungalee43 is offline
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Default H1B Must

Absolutely must.
Quote:
Originally Posted by pmat View Post

I am currently on H1B... will a H1B transfer be better in this case instead of using EAD?
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  #13  
Old 09-17-2009, 12:51 AM
sammyb sammyb is offline
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Post Would you share some details of your case ...

Hi,

Saw your post on AC21 and the MTR that you have on the wrongful denial of 485... Can you share more details on your case ... am not sure what details I am looking at but a sequence of events may be .... I already have one MTR open for my wife's 485 denial because of medical reason ... would like to know your experience ... also when did you file the MTR --- typically how long it takes for the agency to decide on the case ... we files more than 1.5 months back and yet haven't heard anything ...

Appreciate your response .. if you won't like to post on open forum you can PM me or email me the info ....

Wish you best of luck and a speedy decision on your appeal ... Hope God (or who ever we believe in) will give good sense to these IOs ...

Sammy

Quote:
Originally Posted by jungalee43 View Post
Sailesh, I understand your point.
I firmly believe that AC21 is the law of the land. But IOs also need to believe that. Thier authority is unquestionable. If they choose to ignore the law of the land, who suffers? No one is going to question them. We go through the torture of MTR and remember MTR is a request. They are the ones to decide MTR. With so many cases of wrongful AC21 denials over a period of one year, they are still doing that, despite 100 odd letters that IV members sent to directors and Ombudsman. That in itself speaks a lot. I don't know what happened to IV campaign on this issue. I joined that campaign and did my part. I had no idea at that time that 8 months later I would be one of the victims.
The very law that was passed to help us, is being used to trap us.
You cannot kill anyone is also a law of the land. I leave it there.
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  #14  
Old 09-17-2009, 10:05 AM
Ennada Ennada is offline
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Default My experience

Quote:
Originally Posted by pmat View Post
Had a talk with the HR of the new company. They are willing to support my GC case and agreed to take tab of all expenses related to it - their law firm will handle my case. I am planning to have a tele-conf with their lawyer before taking a decision.

I am currently on H1B... will a H1B transfer be better in this case instead of using EAD?
I used AC 21. I moved from my GC sponsoring company in a southeastern state to a company in midwestern state middle of this year. Reason: layoff. I was on EAD in my new job. Moreover, I was unemployed for about 2.5 months. Job description were matching about 50%.

My previous employer did cancel my H1 but did not revoke I-140. When I talked to my old employer's HR, they mentioned that cancelling I-140 takes time, money and is not good for the company's reputation with USCIS.....there must be a good reason for that.

What happened to me now? I got my GC this month and am happy. I consider myself very lucky. You may research and find all pros and cons of switching employers. But, there are things that are beyond our control called luck.

I suggest you understand the risks and if you feel comfortable make the move. If you get into trouble, that is beyond your control.......good luck.
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  #15  
Old 09-17-2009, 12:50 PM
chi_shark chi_shark is offline
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Default do it.

despite all comments here, i suggest you do it. remember that only those people who faced problems would come to this forum to talk about it... for every one person who faced problems there might be 10s if not 100s who went through it alright. i have changed employers on ac21, my new employer's lawyer sent USCIS a letter without my authorization that my new employer will take responsibility of my 140... uscis obviously confused, sent me an RFE asking for the evl again while acknowledging that my lawyer's earlier letter did not address all AC21 requirements (they spelled that out). I responded with the help of my new employer and all is well. no rejections, no NOID no nothing... all safe and all well... i am considering from a long time and now currently seeking to move to self-employment using ac21... i dont see major risks...

wish you luck.

Quote:
Originally Posted by pmat View Post
I have received a very good job offer and am considering whether to accept it. The salary offered is 15% more than what I am currently making with much better overall benefits. I will have to relocate to a different state. My GC has not been approved yet and I'll be using AC21. The new job is in the same area as my current job. Both my current employer and the new employer are Fortune 100 firms.

I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.

Let me know your thoughts.
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I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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