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Please Help Me Urgently On My I140

Discussion in 'AC 21 I-140 Portability' started by massmaharaj, Jun 24, 2014.

  1. massmaharaj

    massmaharaj New Member

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    I have approved i140 with my current employer under eb2 with job name A and job roles are A1, my client offereed me a fte now, that will be job name as B and Job roles are B1,
    Here Job name A does not match with Job name B
    and Job name A all roles A1 does not match with job name B all roles B1

    1.if i go for fte , can i use my earlier priority date ( that is which i got from my employeer)
    2.What will be impact in i485 do I have any issues, what job roles should be on i485, is it the new ones with the fte ?
    3.i came to know according to ac21 both the old and new jobs roles and responsbilities should be same ?
    how my case would be impacted


    4.My employer will not provide the any experience letters will that be fine?

    Please let me know
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Have you also applied for adjustment of status? If so, how long ago?
     
  3. massmaharaj

    massmaharaj New Member

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    My dates are not current my date is eb2 march 2013 , I have not applied any adjustment of status
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That makes a huge difference. You are not eligible for AC21 I-140 portability. If you change jobs/employers you will need a new PERM and I-140. You will keep your existing priority date, but the new employer must file a new PERM for you.
     
  5. massmaharaj

    massmaharaj New Member

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    so can i use my old priority date with the new employer if i go for new job with new roles not matching with old roles

    what is ac21 i140 protability why iam not eligible ? can you please explain
     
  6. massmaharaj

    massmaharaj New Member

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    can you please answer to my question thanks
     
  7. massmaharaj

    massmaharaj New Member

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  8. massmaharaj

    massmaharaj New Member

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    so can i use my old priority date with the new employer if i go for new job with new roles not matching with old roles
    what is ac21 i140 protability why iam not eligible ? can you please explain
     
  9. massmaharaj

    massmaharaj New Member

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    don't i need to care about ac21 law ?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    AC21 does not apply to you. You haven't qualified yet. 8 CFR 204.5(e) provides that once a priority date is established, the beneficiary is entitled to keep that date forever.
     
  11. NancyHari

    NancyHari New Member

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    Ron,

    Could you please help me with my query?
    I am on H1b and my employer has filed my i 140 which is approved and my PD is OCT 2012 and also my visa is extended beyond 6 years.
    My visa validity is till Oct 2017.

    Recently there was lay off in my company, and many people got laid off. :(
    This made me scared and want to change the job with different employer.
    My questions is:

    I don't have copy of I 140, but I do have I 140 receipt number, will I be able to port it with new employer before my current employer withdraws my I 140 ?
    what should I do as a backup plan? Please suggest.
    Thanks,
    Nandita
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your I-140 receipt number is sufficient.
     

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