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Employer Change: Advise Needed (ac21)

Discussion in 'AC 21 I-140 Portability' started by srmed123, Aug 29, 2016.

  1. srmed123

    srmed123 New Member

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    Hello Ron,

    I have my I-140 Approved with company A. Company B acquired Company A and filed my I-140 Amendment (Successor-In-Interest) and I-485 concurrently last year (Nov 2015). I am hoping to get my I-140 Amendment approval this week.

    I have a new offer from company C. Can i switch to new company C using AC21 (I-485 pending more then 180 days). My current employer B will withdraw the I-140 petition once i move to company C.

    Can you let me know if i need wait for 180 days after my I-140 amendment is approved before i can switch to company C or can i move immediately to company C? Does the 180 day rule apply for I-140 Amendments?

    Your inputs are highly appreciated.

    Thanks,
    SM
     
  2. sri1979

    sri1979 Well-Known Member

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    Get ur i140 in premium

    What if your company withdraw i140 before it is approved.
     
  3. leo1476

    leo1476 Junior Member

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    Once the 180-days pass after filing I-485, the original employer can revoke the I-140. It should not affect you.

    Your new company (C) can file an I-140 for you and you will retain your old priority date.
     
  4. srmed123

    srmed123 New Member

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    Thank you Sri and Leo.

    If i use my AC21 (to change to company C) after my I-140 is approved this month and my employer withdraws my I-40 next month. Will i still be able to continue to work for Company C or should i wait for for 6 months after I-140 is approved before changing the employers? Can you please let me know?
     
  5. leo1476

    leo1476 Junior Member

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    If your original I-140 (Company A) is withdrawn after 180 days after you filed I-485, you are safe to use AC 21 to work for company C. As long as the work you do for company C is in the same or similar field as the one described in your original I-140. Your new company C need not do file any paperwork, no sponsorship, nothing whatsoever.

    But why is your new company (C) filing an I-140 for you? Is the job in a different field? If the job is completely different, my understanding is that AC 21 will not apply. However, you can retain your old priority date.

    Please speak to Ron or another attorney about this.
     

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