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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 31st January 2009, 12:27 AM
LaborCleared LaborCleared is offline
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Join Date: Feb 2005
Posts: 230
AC-21 Eligibility

Hi Gurus,
I filed my 485 in June 2007 and my 180 days will complete on Dec 11, 2007. My PD is Oct 2001 - EB3. My 140 is approved in 2004. I started working with new company (permanent - full time) from 11/19/2007 that is before my 180 days elapsed. My GC sponsoring company had run my payroll until Dec 31, 2007. Technically that means I was employed by them beyond my 180 days and that means I was working for both companies.

Do you gurus see any risk if I invoke AC21 now with my new job which as the start date of 11/19/2007 and invoking AC21 in Feb 2009?

Thanks in advance.
__________________
PD Oct 29, 2001 - EB3.
485/765 @ NSC RD 06/14/07, ND 06/26/07.
FP for self 07/31/07, Spouse 08/03/07.
485 LUD - Self 06/30/07, 07/31/07.
485 LUD - Spouse 06/30/07, 08/03/07, 08/05/07.
131 LUD - Spouse 06/30/07, 10/03/07, 10/04/07,
10/16/07, 10/17/07. AD 10/16/07.
131 LUD - Self - Applied 02/22/08, AD 04/15/08
765 - AD 09/21/07 for self and spouse.
NC - Initiated on 07/06/07 (as per IO - 08/31/07).
Case As of 09/02/08 - Extended review
Case As of 04/01/09 - Extended review
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  #2  
Old 31st January 2009, 03:18 PM
ginnu ginnu is offline
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Join Date: Nov 2002
Posts: 13,473
Quote:
Originally Posted by LaborCleared View Post
Hi Gurus,
I filed my 485 in June 2007 and my 180 days will complete on Dec 11, 2007. My PD is Oct 2001 - EB3. My 140 is approved in 2004. I started working with new company (permanent - full time) from 11/19/2007 that is before my 180 days elapsed. My GC sponsoring company had run my payroll until Dec 31, 2007. Technically that means I was employed by them beyond my 180 days and that means I was working for both companies.

Do you gurus see any risk if I invoke AC21 now with my new job which as the start date of 11/19/2007 and invoking AC21 in Feb 2009?
--------- Once your pending I-485 hits 180 days then you will be eligible for AC21. you can invoke AC 21 in FEB and do it before your I-485 gets approved.

Thanks in advance.
-------------
__________________
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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  #3  
Old 4th February 2009, 12:03 PM
LaborCleared LaborCleared is offline
Registered User
 
Join Date: Feb 2005
Posts: 230
Thank You ginnu.

Thank you ginnu.

Quote:
Originally Posted by ginnu View Post
-------------
__________________
PD Oct 29, 2001 - EB3.
485/765 @ NSC RD 06/14/07, ND 06/26/07.
FP for self 07/31/07, Spouse 08/03/07.
485 LUD - Self 06/30/07, 07/31/07.
485 LUD - Spouse 06/30/07, 08/03/07, 08/05/07.
131 LUD - Spouse 06/30/07, 10/03/07, 10/04/07,
10/16/07, 10/17/07. AD 10/16/07.
131 LUD - Self - Applied 02/22/08, AD 04/15/08
765 - AD 09/21/07 for self and spouse.
NC - Initiated on 07/06/07 (as per IO - 08/31/07).
Case As of 09/02/08 - Extended review
Case As of 04/01/09 - Extended review
Reply With Quote
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