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I-485 Pending More Than 180 Days, Ac 21, Same Employer

Discussion in 'Adjustment of status' started by jetski76, Mar 2, 2017.

  1. jetski76

    jetski76 Member

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    Hello Ron,

    I have been working with my employer for 14 years under a H1-B. My I-485 has been pending for 5 years, (citizen of India).I will be moving to another department with my employer in September. The job is identical to what I am doing now. The new department is 20 miles for my current location but within the same MSA. The current location was used to file my PERM and I-140.

    Questions:

    1) Does AC 21 apply in my case? Just worried if my employer needs to file another PERM and I-140 before I make the move in September?

    2) If I am allowed to use AC 21, should my employer send an EVL and I-485 supplement J just before I start working at the new location to avoid a NOID or RFE?

    3) The Part-1 of I-485 Supplement J asks:

    1 a) Confirm that the job offered in I-140 that is the basis of I-485 remains a bona fide job offer that you intend to accept once your Form is approved

    1 b) Request job portability under INS section 204 (j) to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved

    In my case, which of the above would be applicable?

    Thank you!
     

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