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 10-11-2007, 06:16 AM
willy007 willy007 is offline
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 32
willy007 is on a distinguished road
Lightbulb AC21 : Should we tell USCIS that we have ported off (share)

All,
I was thinking to create a list of what to prepare to invoke AC21 under various conditions and for possible RFE in the future. This would help others who would like to use AC21. Thank you for your contribution. I will keep on updating the thread.

Admin, it would be great if this can be made a sticky.

Documents to prepare to invoke AC21
- offer letter with the new employer of the same / similar job duties (look it up here)
- copy of I-485 receipt
- copy of I-140 approval notice (thanks to gc_chahiye)
- G28 change of attorney (thanks to Jerrome)

Additional materials / precautions for future RFE
- letter from GC-sponsor employer on dates of employment and skill sets (thanks to gc_chahiye)
- payslips for 180 days (thanks to gc_chahiye)
- federal tax returns
- employment letter and recent paystubs from current employer (thanks to chandrajp)

Additional materials / precautions for future RFE if I-140 is not approved
- ???

Additional materials / precautions for future RFE if 180 days is not passed
- Show original intent to work for the GC-sponsoring company when I-485 is filed. Reasons such as layoff or unstability etc
- Minimize employment gaps

Last edited by willy007; 10-15-2007 at 07:02 PM. Reason: Updated info
Bookmark and Share Compare Reply With Quote


  #2  
Old 10-11-2007, 06:18 AM
gc_chahiye gc_chahiye is offline
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute
Default

Quote:
Originally Posted by willy007 View Post
All,
I was thinking to create a list of what to prepare to invoke AC21 under various conditions and for possible RFE in the future. This would help others who would like to use AC21. Thank you for your contribution. I will keep on updating the thread.

Admin, it would be great if this can be made a sticky.

Documents to prepare to invoke AC21
- offer letter with the new employer of the same / similar job duties
- copy of I-485 receipt
- Any others???

Additional materials / precautions for future RFE if I-140 is not approved
- ???

Additional materials / precautions for future RFE if 180 days is not passed
- ???
keep all your payslips for these 180 days. Try to get an experience/relieving letter when you leave this company.

keep copy of I-140 approval notice if you have it.
Bookmark and Share Compare Reply With Quote


  #3  
Old 10-11-2007, 08:10 AM
willy007 willy007 is offline
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 32
willy007 is on a distinguished road
Default

Quote:
Originally Posted by gc_chahiye View Post
keep all your payslips for these 180 days. Try to get an experience/relieving letter when you leave this company.

keep copy of I-140 approval notice if you have it.
thanks, gc_chahiye.

what is an experience/relieving letter? I have never heard of this. Is that basically saying that on such and such days, I am no longer employed under this company?
__________________
EB3 category
Priority Date: March 2005
LC: Approved
I-140: Approved
I-485: RD 6/13/2007, ND 7/8/2007 and FP taken
EAD: Filed and FP taken
AP: Filed
Bookmark and Share Compare Reply With Quote


  #4  
Old 10-11-2007, 09:38 AM
shruthii_1210@yahoo.com shruthii_1210@yahoo.com is offline
Junior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 9
shruthii_1210@yahoo.com can only hope to improve
Default No I-140 information available

Hi,
As far as i know most of the people don't have I-140 information like receipt number or copy of approval notice. Because it is employer property so please address this issue , remaining document except the experience letter (most of the companies will not give) can be done.

Moreover for non-concurrent filing our attroney should have submitted I-140
approval copy along with 485..

so the question here is did anybody in the past used ac21 without having the receipt number and I140 approval copy ?

I don't think it is mentioned as a rule anyware , but some people could have submitted as an supporting document.

So i am hoping even the people who don't have I-140 information (not even a receipt number) should be able to use AC21 by providing the new employment letter and some letter for ac21 ...

If anybody used ac21 in the past and got the I485 approved please help here as i we don't want assume anyting ..
Bookmark and Share Compare Reply With Quote


  #5  
Old 10-11-2007, 10:08 AM
wahwah wahwah is offline
Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 77
wahwah can only hope to improve
Default

do you even have to notify USCIS if you're invoking AC21?

my friend has changed 2 employers over the last 2 years and gets the EAD/AP renewed each year without a problem.

Quote:
Originally Posted by willy007 View Post
All,
I was thinking to create a list of what to prepare to invoke AC21 under various conditions and for possible RFE in the future. This would help others who would like to use AC21. Thank you for your contribution. I will keep on updating the thread.

Admin, it would be great if this can be made a sticky.

Documents to prepare to invoke AC21
- offer letter with the new employer of the same / similar job duties
- copy of I-485 receipt
- copy of I-140 approval notice (thanks to gc_chahiye)

Additional materials / precautions for future RFE
- payslips for 180 days (thanks to gc_chahiye)

Additional materials / precautions for future RFE if I-140 is not approved
- ???

Additional materials / precautions for future RFE if 180 days is not passed
- ???
Bookmark and Share Compare Reply With Quote


  #6  
Old 10-11-2007, 10:26 AM
willy007 willy007 is offline
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 32
willy007 is on a distinguished road
Default

Quote:
Originally Posted by wahwah View Post
do you even have to notify USCIS if you're invoking AC21?

my friend has changed 2 employers over the last 2 years and gets the EAD/AP renewed each year without a problem.
well, to play on the safe side, yes.

as long as the applicant meets the criteria for approved I-140 (or an approvable I-140 based on Yates memo) and 180 days pending I-485, the applicant has nothing to worry about.
__________________
EB3 category
Priority Date: March 2005
LC: Approved
I-140: Approved
I-485: RD 6/13/2007, ND 7/8/2007 and FP taken
EAD: Filed and FP taken
AP: Filed
Bookmark and Share Compare Reply With Quote


  #7  
Old 10-11-2007, 11:45 AM
gc_chahiye gc_chahiye is offline
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute
Default

Quote:
Originally Posted by willy007 View Post
thanks, gc_chahiye.

what is an experience/relieving letter? I have never heard of this. Is that basically saying that on such and such days, I am no longer employed under this company?
yes. dates of employment and skillset. dates would come in useful for AC21, skillset is useful to have there in general.
Bookmark and Share Compare Reply With Quote


  #8  
Old 10-11-2007, 12:17 PM
kumar1 kumar1 is offline
Senior Member
Priority Date
:
Jul-05
Category
:
EB3
I140 Mailed Date
:
10/08/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 529
kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute kumar1 has a reputation beyond repute
Default self employment.

Anything extra that we need to do if we get an opportunity to become self employed? I know people say it is risky. I feel everyone with desi company is already half way self employed.
Bookmark and Share Compare Reply With Quote


  #9  
Old 10-15-2007, 02:02 PM
Neotheone Neotheone is offline
Junior Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 11
Neotheone is on a distinguished road
Default

Quote:
Originally Posted by gc_chahiye View Post
yes. dates of employment and skillset. dates would come in useful for AC21, skillset is useful to have there in general.
GC chahiye,

Most of the employers do not like when we leave on AC21. So how should we get the employer letter? I am sure my employer will not give a letter. I should be glad, if he doesn't with-hold my salary.

So currently I don't have any letter, and I don't think I will get a letter. The only proof I have is last few years pay stubs.

Question is, will it be a problem down the lane after I change on AC21?
Bookmark and Share Compare Reply With Quote


  #10  
Old 10-15-2007, 02:15 PM
Munna Bhai Munna Bhai is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Afghanistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 501
Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts
Default General thumb rule

Quote:
Originally Posted by Neotheone View Post
GC chahiye,

Most of the employers do not like when we leave on AC21. So how should we get the employer letter? I am sure my employer will not give a letter. I should be glad, if he doesn't with-hold my salary.

So currently I don't have any letter, and I don't think I will get a letter. The only proof I have is last few years pay stubs.

Question is, will it be a problem down the lane after I change on AC21?
General thumb rule is to have some sort of evidence that you worked for the employer for 180 days.
Bookmark and Share Compare Reply With Quote


  #11  
Old 10-15-2007, 02:18 PM
Jerrome Jerrome is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
02/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/31/2007
Compare
Join Date: Jan 2007
Posts: 182
Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future
Default

First and Very important thing to do is

Notify the USCIS with the Change in Attorney representation(this is very critical if you have used your employers attorney). They tend to screwup with you if they receive any RFE, NOID etc..
Bookmark and Share Compare Reply With Quote


  #12  
Old 10-15-2007, 02:24 PM
chandrajp chandrajp is offline
Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 57
chandrajp is on a distinguished road
Default new employer pay slips(atleast 2)

Quote:
Originally Posted by willy007 View Post
All,
I was thinking to create a list of what to prepare to invoke AC21 under various conditions and for possible RFE in the future. This would help others who would like to use AC21. Thank you for your contribution. I will keep on updating the thread.

Admin, it would be great if this can be made a sticky.

Documents to prepare to invoke AC21
- offer letter with the new employer of the same / similar job duties
- copy of I-485 receipt
- copy of I-140 approval notice (thanks to gc_chahiye)

Additional materials / precautions for future RFE
- letter from GC-sponsor employer on dates of employment and skill sets (thanks to gc_chahiye)
- payslips for 180 days (thanks to gc_chahiye)
- federal tax returns

Additional materials / precautions for future RFE if I-140 is not approved
- ???

Additional materials / precautions for future RFE if 180 days is not passed
- ???
I changed the employer without informing USCIS. Actually my employer went out of business and he himself asked me to find a new employer but by that time my I140 was approved and I485 was more than 180 days. I got an RFE(after 180 days) from USCIS asking for latest employment letter. Then I sent the latest employment letter(Continuation employment letter), 3 most recent paystubs from the new employer, covering letter(by attorney). The continuation employment letter has my duties mentioned exactly as they are in my labor certification and salary was 25% more than was specified in Labor. My I485 was approved in a week's time after that
Bookmark and Share Compare Reply With Quote


  #13  
Old 10-15-2007, 02:35 PM
gc_chahiye gc_chahiye is offline
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute
Default

Quote:
Originally Posted by Neotheone View Post
GC chahiye,

Most of the employers do not like when we leave on AC21. So how should we get the employer letter? I am sure my employer will not give a letter. I should be glad, if he doesn't with-hold my salary.

So currently I don't have any letter, and I don't think I will get a letter. The only proof I have is last few years pay stubs.

Question is, will it be a problem down the lane after I change on AC21?
in that case keep all your paystubs (& this years W2) carefully. Basically you need proof that you remained employed for 180 days with that employer. A letter makes it neat and clean, if you cant get that, then keep all paystubs.

One way to get such a letter would be to ask for an employment verification letter saying you need it for bank loan or visa stamping etc. It will just be a letter with your start-date, title and salary in this case, but is good enough for AC21 as it verifies you were employed by this company at the 180 day mark
Bookmark and Share Compare Reply With Quote


  #14  
Old 10-15-2007, 02:49 PM
June05 June05 is offline
Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
04/04/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 32
June05 is on a distinguished road
Default Different Scenario

I have a different scenario:

I am not working for the employer who has filed my 485. I used to but left in good terms. My old manager is very nice and the company not going to pull my 140 and were kind enough to file my 485 (My manager gave me the letter).

Now do I have an option of AC21? Coz I am not working for them - so does the 180 day rule apply to me?

Any thoughts?
Bookmark and Share Compare Reply With Quote


  #15  
Old 10-15-2007, 03:01 PM
willy007 willy007 is offline
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 32
willy007 is on a distinguished road
Default

Quote:
Originally Posted by chandrajp View Post
I changed the employer without informing USCIS. Actually my employer went out of business and he himself asked me to find a new employer but by that time my I140 was approved and I485 was more than 180 days. I got an RFE(after 180 days) from USCIS asking for latest employment letter. Then I sent the latest employment letter(Continuation employment letter), 3 most recent paystubs from the new employer, covering letter(by attorney). The continuation employment letter has my duties mentioned exactly as they are in my labor certification and salary was 25% more than was specified in Labor. My I485 was approved in a week's time after that
chandrajp,

thanks for sharing the experience. so you actually didn't have to prove that you are employed by the GC-sponsoring employer for 180 days. Seems like they only wanted an updated info on your current employer and "similar" duties. that's good news.

I think in general, if the applicant is affected by the backlog and the applicant no longer works on the GC-sponsoring employer, they tend to get an RFE. How long did you have to wait before your PD becomes current?
__________________
EB3 category
Priority Date: March 2005
LC: Approved
I-140: Approved
I-485: RD 6/13/2007, ND 7/8/2007 and FP taken
EAD: Filed and FP taken
AP: Filed
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
can PD be ported? imanonymous AC21 Portability after 180 days of 485 filing 3 07-19-2010 01:43 PM
AC21 and Self Employment - Please share your experiences santb1975 AC21 Portability after 180 days of 485 filing 27 03-16-2010 04:00 PM
Should I notify CIS that I ported to a new job? fromnaija All other Green Card Issues 5 01-14-2009 09:29 PM
how many 485 cases denied due to AC21? share if you know any personally yibornindia AC21 Portability after 180 days of 485 filing 12 11-25-2008 06:13 PM
How and when exactly the PD is considered ported? GCBy3000 All other Green Card Issues 4 11-14-2006 03:04 PM



All times are GMT -4. The time now is 06:11 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