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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. GK1234

    GK1234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Ron, Thanks very much for your patience. My hunch is that unless USCIS sents in withdraw notice and updates the status on USCIS website, the I-140 approved status stands approved. Correct? Thanks again...
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    The online status site is notoriously inaccurate, but unless they notify you of a change, you may presume that the I-140 remains valid.
     
  3. kris2500

    kris2500 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron
    If an employee interfiles to EB2 and recaptures an old EB3 priority date, can he still change jobs before I485 approval (This I485 was filed using EB3, yrs ago with a different employer)? New EB2 is approved, but 6 months has not passed by. If he changes jobs now, can the new company send a letter and will his I485 still be processed, as per EB2?

    Thanks
    Kris
     
  4. GK1234

    GK1234 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Thanks very much Ron.
     
  5. sabya99

    sabya99 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,
    Hope you are doing great. 3 years back I asked you some questions about my H1b and your feedback helped me lot to solve the problem.
    Now, I received my EAD on month of april 2012 and have some questions. It will be simply great if you can spend some time of your busy schedule and send me your thoughts.

    Now I am working as a contractor in client side and my client offered me a Full time position starting from september 17th 2012. I have to join them on EAD.
    My I485 received date is 14th March. So, I will be completing 180 days by 14tth September.

    Q.1 Can my current employer revoke the I140 (after 180 days period) if I leave them and join full time position in my client company ?
    Q2. If they revoke I140 what should I do?
    Q3. My H1b is expiring on this september and I am not extending this as I will join my client on EAD. Is there any risk involved if i dont extend H1b and completely rely on EAD.
    Q4. Do I need to invoke Ac21 immediately after joining client company? And, what is the process to invoke AC21?
    Q5. I am visiting India in October and returning back on AP. Do I need to provide all kind of

    Your feedback will be highly appreciated.
    Thanks
    Sab
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    All of these issues are discussed at length in the articles found in the AC21 Section of the ImmInfo site.
     
  7. kichoudh

    kichoudh Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,

    I have a question on AC21.

    I do not have the copy of Labor or I-140 from my present employer. If I want to invoke AC21 for a new employer through an attorney like your organization.

    Will that be an issue ? Do I need to get copies or Labor or I-140 for invoking Ac21 ?

    thanks
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    Do you have the file number?
     
  9. Apppy

    Apppy Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,

    I am new to this forum but certainly have been benefiting a great deals from these productive discussions.

    I have an Eb3 I140 approved with PD of May 2006. Due to layoffs, I was forced to use EAD, filed AC21 and changed jobs in May 2009. It was a tough year with me changing 3 companies. Unfortunately none of these changes were voluntary but downsizing within companies. I have been with this 3rd company since May 2010 -all on basis of AC21 which has been filed. I have been able to contually renew my EAD and AP since.

    My current company has agreed to file my EB-2 and take benefits of '06 PD. THe prevailing wage determination came back with my current SOC to be 15-1121 different from 15-1133 on my original I-140. My job duties described on the new 140 were much similar but the DOL determined the codes to be different. My title has changed over these past jobs from Operations Manager to Project Leader though the job descriptions has more or less remained similar.

    My question is-
    should I proceed with PERM under the new petition or let EB-3 take its course?
    How much do these different SOCs matter?

    Really appreciate your attention.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    You really seem determined to do things the hard way. First, please understand that there is absolutely no legal requirement that you notify the USCIS of a job change if you are eligible for AC21 portability. Just move. Second, once a priority date is established, it becomes your priority date for any employment based application in the future. The jobs do not have to be anywhere close to being the same thing. If you are in a completely different occupational classification, then you need a new PERM and a new I-140, but you still get to keep the old priority date.
     
  11. Reepicheep

    Reepicheep Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    For Pending i485 EB3 PD 2006 and now on EAD and unemployed.

    If applying for a new job in the same job classification, and they normally ask: Are you legally authorized to work in the United States for any employer? Will you now or in the near future require visa sponsorship?

    I would normally say YES to both. But maybe i am wrong? Would I still need sponsorship for this company when I finally get my greencard? Is this new company going to go through the usual paperwork like the original company who filed for me? Or does this mean, they would just ask for proof of employment with this new company? What is the usual procedure? I know some people would just receive their cards from the mail without questions... but some would get RFEs.

    Thank you for your help.
     
  12. Apppy

    Apppy Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Thanks Ron. So you are saying these job classifications based on the new petition filed are indeed different? (15-1121 issued by DOL on my new petition vs 15-1133 on previous I140 approval) we did try to keep the duties consistent but i am now hoping the "15" part means similar on my new Labor given I did use my AC21...Thats where my concern lies.....I am afraid now that I485 might be up for denial if USCIS considers these jobs different. Maybe i should not pursue the new PERM and abandon EB2 process midway. Thoughts?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    You are missing the point. For priority date retention purposes, there is absolutely no requirement of any similarity between the job offers. You could have an EB3 petition approval as a street sweeper, but retain it for use in EB2 for a job offer as a brain surgeon.
     
  14. Apppy

    Apppy Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    I understand...thanks for your advice!
     
  15. kamwmu1

    kamwmu1 Junior Member

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    Re: New ImmInfo.com section on AC21 portability

    Hi Ron,
    I applied my PERM and I140 with Employer A in 2008 (PD Apr 2008) and were approved in 2008,
    I left Employer A in late 2008, and Employer A revoked my approved I140 in late 2011 as i was no longer working with them.
    The new employer B didnt start my GC process and i quit them in 2012. I joined employer A again and filed my New I140/I485 concurrently in april 2012 (PD Current) using the Old perm of 2008 in regular process and new I140 got Approved in Dec 2012.
    I have an EAD since June 2012, appreciate if you could answer my questions

    1. Can i do AC21 as it been over 180 since my I485 was filed(April 2012) and is pending.
    2. Do i need to wait another 180 days as my I140 just got approved in Dec 2012.

    I guess my Question is do i need to wait for 180 Days after I140 Approval as I140+I485 were filed concurrently or I140 approval has nothing to do with AC21, it is just that I485 should be pending for 180 Days.

    Thank you
    Kamwmu1
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: New ImmInfo.com section on AC21 portability

    You need to have an approved I-140 and an I-485 that has been pending more than 180 days. Count the time from the filing date of the I-485, not the approval date of the I-140.
     
  17. ramka

    ramka Junior Member

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    I need your assistance here Ron, Employed with Company A on H1B, Company B filed for I140 and AOS on 04/26/2012. I140 RFE was received and the I140 was approved on 08/14/2012. Started working for Company B from 08/15/2012 using the EAD. Will this be treated as switching to AC21 portability under 180 days? Or am I good because i used the EAD for the same sponsoring employer B.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should be OK because you are working for the sponsoring employer.
     
  19. nrao9

    nrao9 Junior Member

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    Hi Ron,

    I am working on GC-EAD got under EB2 pending more than 180 days (485 was filed on march 9th 2012). I am interested in moving to a new emoplyer on Full time opportunity. but the new employer's offer letter doesn't have job duties mentioned and also, has 37.5 hrs per week as their policy.



    can i use this offer letter to file AC21. does it considered as part time if they mention 37.5 hrs per week?

    also, can i send the offer letter with no job duties except the position title which is in same category as my PERM and job duties are same.



    please advise.



    thanks a lot.
     

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