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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 01-10-2009, 12:30 PM
novice2gc novice2gc is offline
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Sep-05
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Default Preveous Employer out of business after AC 21 invocation

Friends,

This is my first post here. I just have a question related to impact on GC if the original employer (who filed the GC) goes out of business.

I am currently in H1 (8th yr) expiring by June 09. A has filed GC for me with PD as Sep, 05 in EB3 category. Currently have EAD and approved I-140. Filed I-485 in July 2007. I work for Employer A and it might go out of business in next few weeks. I have the following questions:

1. While I am still an employee of A if A goes out of business, does that void the GC?
2. Suppose I invoke AC-21 using EAD before Employer goes out of business, will that help in saving my GC?
3. if I transfer my H1 and invoke AC 21 using H1, will that help avoiding any adverse impact on GC?

I am in a very tough situation and need all your help, guidance and most importantly some responses urgently!!!

Thanks for your help and support in advance!!!
Your fellow GC victim

Last edited by novice2gc; 01-10-2009 at 12:44 PM.
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  #2  
Old 01-10-2009, 02:24 PM
texcan texcan is offline
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Jun-06
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texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all
Default you are fine

From date of filing 485 , count 6 months (180 ) days including weekends and holidays; you are fine even if your filing employer goes out of business.
Remember green card is for future job.
AC21 As per rules, you may never work for employer who filed for your green card.

Now one can very well stress out for no reason, and every mind makes it own decision for what to worry about and what not.

in your situation i will not worry at all.
__________________
Disclaimer: I am not a lawyer , please seek a professional lawyers opinion.

** Contributed $200 & Pledged for $100 every month **
- 485 receipt received : Sept 17th
-EAD - Card production ordered - Sept 24th
-485: NSC - Mailed july 25th. Received jul 26
-140: TSC - Approved Jul/aug 07
-Labor: TSC - June 06
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  #3  
Old 01-10-2009, 02:56 PM
novice2gc novice2gc is offline
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Default thanks

Thanks a lot for your response.
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  #4  
Old 01-10-2009, 02:57 PM
vin13 vin13 is offline
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vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

I agree with TexCan. You have nothing to worry about.

I am assuming that it has been atleast 180 days since you have applied for I-485.
If so, you need not even apply for a H1-B to change jobs. You can start working using your EAD.

I changed jobs using EAD and did not request my new employer to sponsor H1-B. I recently travelled using AP documents to India. Had no issues returning back.

Just worry about finding a new job and not your GC for now.
__________________
Used AC21 twice
Greened on 07/20/10
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  #5  
Old 01-10-2009, 03:10 PM
novice2gc novice2gc is offline
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Default 180 days over long ago

Filed 485 in July 2007. I think I am ok if I can find a new employer and move using EAD invoking AC21. Thanks for your response.
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