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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 12th December 2008, 06:26 PM
csuskings csuskings is offline
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AC21 Portability and Wife's AOS application

I need your help. Please let me know the information I got from my lawyer is correct

(1) I have my Labor, I140 approved and I485 filed last August (2007). My priority date is July 2006 in EB3 category.

(2) I am presently on H1b and changing my job. My H1b transfer is approved and I am filing for my AC21.

(3) My wife is on H1b presently. She has never filed for I485 because when I filed for I485(AOS) we were not married.

(4) My new employer's lawyer is telling me that now she is eligible to file for I485 (AOS) application along with my AC21.

My question is
Is the information from new layer is correct, can we file for her I485 with my AC21 even though priority date for my PR application is not current?

I just want to make sure that I am not misguided. Your help is much appreciated.

Regards,
Bakul
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  #2  
Old 12th December 2008, 11:45 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by csuskings View Post
Is the information from new layer is correct, can we file for her I485 with my AC21 even though priority date for my PR application is not current?
You have more sense than this so-called attorney.
__________________
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 13th December 2008, 02:01 AM
ginnu ginnu is offline
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Posts: 13,478
Quote:
Originally Posted by csuskings View Post
I need your help. Please let me know the information I got from my lawyer is correct

(1) I have my Labor, I140 approved and I485 filed last August (2007). My priority date is July 2006 in EB3 category.

(2) I am presently on H1b and changing my job. My H1b transfer is approved and I am filing for my AC21.

(3) My wife is on H1b presently. She has never filed for I485 because when I filed for I485(AOS) we were not married.

(4) My new employer's lawyer is telling me that now she is eligible to file for I485 (AOS) application along with my AC21.
----------------------------Request your employer to change the lawyer.
My question is
Is the information from new layer is correct, can we file for her I485 with my AC21 even though priority date for my PR application is not current?

I just want to make sure that I am not misguided. Your help is much appreciated.

Regards,
Bakul
-------------
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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