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Ac21 Portability?

Discussion in 'AC 21 I-140 Portability' started by tenfolde, Mar 25, 2015.

  1. tenfolde

    tenfolde Junior Member

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    Hello,

    Quick questions about AC21 and whether this scenario can reap it's benefits.

    Here is the scenario:
    The beneficiary employee, with an approved I-140 and a pending I-485, currently does work and will continue to work remotely, in the US but in another state, for the sponsoring employer. PERM was approved with work location at company headquarters.

    After 180 days with a pending I-485 can the beneficiary employee invoke AC21 to move to another job at another company in the same or similar roll? Or is there need to have actually worked those 180 days on-site in the location as required in the PERM?

    Beneficiary employee is a Canadian currently with a valid TN, if this information is at all important.

    Thank You
     
    Last edited: Mar 25, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that will work.
     
  3. tenfolde

    tenfolde Junior Member

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    Ok thanks!

    A quick follow up if I may?

    I posted a similar question elsewhere and an attorney who responded made comment that it would bring into question the bona fide nature of the PERM job offer, because I work remotely for the petitioner, if I were to switch employers using AC21. Is there any merit to this?

    Thanks So Much!
     
    Last edited: Mar 26, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you remain with the sponsoring employer for at least 180 days following the filing of an application for adjustment of status, the law gives you an absolute right to change employers.
     
  5. tenfolde

    tenfolde Junior Member

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    That is crystal clear. Thank You.
     

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