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New ImmInfo.com section on AC21 portability

Discussion in 'I-140 job portability' started by Ron Gotcher, Sep 17, 2009.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. nchand3

    nchand3 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    I have an approved I-140 with Company A.
    I have 2 yrs left in my h1B Visa.
    Can I go to Company B and after 3 -4 years come back to Company A before filing I-485.

    Company B is not interested in doing GC.
    Company A is ok with me going out for some time and joining them back.

    I have 2 questions.

    Will there be any problem with I-485 if Ichange employment for some time and go back to my old company.
    Will I get H1B extensions with company B after the 6th year based on company A I-140.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    While the CIS may inquire about what you are doing and the permanency of your original job offer, what you propose to do is perfectly legal and proper. You should be able to satisfy any questions the CIS might raise.
     
  4. thunder.buks

    thunder.buks Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Do not know the exact forum to post so pardon if this is not the right one. I am currently on H4 and my I-140 with company X got approved after I had expired my 6-yr limit on H1B (+1 yr extn). Company X which is a consulting company is filing for a 3-yr extn based on my I-140 approval. My question is if I have issues getting a 3-yr extn with company X(since it is a consulting company), can company Y file for a 3-yr extn using my I-140 approval? I am aware that company Y has to restart the Green Card process from scratch.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    Without getting into the alphabet soup of companies, if you have an approved I-140, you are exempt from the six year limit and you may receive further grants of H status for periods of up to three years each time a petition is filed. It doesn't matter which company files the petition.
     
  6. Rai

    Rai Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Are you out of status from Apr 2010 or is it a typo?
     
  7. Eswar234

    Eswar234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Sorry it is typo
     
  8. Eswar234

    Eswar234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Can you please help for below

    Bakcground : I am working for a company 'A' since last 5 years and applied my labor in Auguts'2010. My 6 years perido will complete July'2011. My currect H1B is valid until April'2011 and I can get extention upto July'2011.

    I changed the new FULL TIME job(Company B) in July'2010 last week and they applied H1B and the status is intial stage.
    My old employer know this situation. He is not going to revoke my PERM application.

    Question 1: Can I apply I-140 with old employer(A) after my PERM approved? with countinue the job with company(B)?

    Question 2: If, I applied I-140 with old employer(A), can I use approval I-140 to get further H1B exteions with new company(B)?

    It will be great help for me if you answer this requests. Thanks for your time.

    Thanks,
    Eswar. ​
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    If you and the sponsoring employer have a genuine, good faith intent to work together when you get your green card, then you may continue processing through that company. As long as the I-140 remains valid and unrevoked, you may continue to use it for extensions beyond six years.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    As long as you have an approved, unrevoked I-140, you are entitled to extensions.
     
  11. Eswar234

    Eswar234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Thanks Ron.

    Here is the situation.

    My old employer(A) is saying once I get 3 years extention with new company(B). He will revoke I-140. He is telling it wont impact my H1B extention in new company(A). Due to some persanol reasons, I want go back to my home country in 2012, so the 3 years extention beyond 6 years is fine. I wont mind even he revoke I-140. Will this work?

    Thanks,
    Eswar. ​
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    If the I-140 petition is not revoked until after you get the H extension, it will have no effect on your extension.
     
  13. igorvolk

    igorvolk Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,
    we have some sticky situation with portability request:
    we have approved 140 long time ago and we stuck with 485 (pending because of huge backlog) for more than 2 years.
    My wife (she applied for a GC) changed first employer recently and she has a new job with the same title but it’s not a full time job.
    Question 1.
    Do we have to send portability req? I can see that our priority day is approaching fast and we don't want any complications because it’s not a full time job? (Our GC process already taking more than 6 years)
    Question2
    Can current employer specified that this job going to be a full time job in a future, will it help us?
    Question3
    what if we don't send portability request form at all?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    IF the CIS inquires, you must be able to show that there is a full time job offer in the same or similar occupational classification. As for the notification of the CIS, obviously if the CIS wanted notification they would have included that in the regulations they promulgated on this subject. Oh, wait, that's right, the INS/CIS has never found time to promulgate regulations in the ten years since Congress passed this legislation and President Clinton signed it into law. There is absolutely no legal requirement that you notify anyone or seek permission from anyone.
     
  15. mahi-mahi

    mahi-mahi Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,

    Have you come across any recent cases on this "full time" requirement? Were any cases denied because the jobs were "part time?"

    Thanks.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    A PERM job offer must be for full time employment. The CIS continues this to any substituted employers under I-140 portability.
     
  17. GK1234

    GK1234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Ron,

    My wife is on H4, She was on H1 until last year, her previous employer filed labor and I -140 for her, both are approved, however, last year the employer has with drawn the I-140, the status on the USCIS website does not reflect with drawn/revoked/cancelled. A new prospective employer is ready to file for H1 based on her previously approved I-140. Can she get 3 years extension based on the I-140 which was with drawn by the previous employer? Thanks so much for your patience like always and regards..
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    Unless and until the old employer withdraws the approved I-140, it remains a valid basis for extensions of H status beyond six years.
     
  19. GK1234

    GK1234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Thanks so much Ron for your almost instant reply. A request to withdraw my wife's I-140 petition was filed by the previous employer; however, none of the parties(employer/attorney or the candidate) received a confirmation that this was processed by USCIS...Is there a way to know if USCIS has processed the request to withdraw I 140. thanks again...
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    You have to discuss this with the attorney representing her.
     

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