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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
4th February 2009, 10:46 AM
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Can I transfer H1 and Green card?
Hi,
My current status: My labor was approved in Nov. 2006 in EB2 category through company A 140/485 applied concurrently in July end of 2007 140 approved in Feb'08 and EAD issued in Oct'07 and renewed in Oct'08 ( I now have EAD valid for 2 years) 485 pending since July'07. My current status: H1B with company A. I got a full time offer from company B. Can I transfer both Green card and H1B to new employer and he can continue my green card while I am still on H1B? Some body told me that I can only either go on EAD and new employer takes over my green card or if I transfer my H1B to new employer, I have to leave the green card at my old employer. If I have to transfer H1B and Green card, it is impossible. is that true? Can some body advise? Thanks. 
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#2
4th February 2009, 10:56 AM
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Quote:
__________________
------------------------------------ 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
4th February 2009, 11:38 PM
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so I can transfer both my green card and H1?
Hi TheRealCanadian,
So can I transfer both H1B and green card to new employer? Can I do this with out the use of AC21?? Do you mind explaining a little bit more? please.... Thanks, Visu.
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#4
5th February 2009, 12:25 AM
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Quote:
You don’t transfer Green Card you use AC21. To be eligible for AC21 you need I-140 approved AND I-485 pending more than 180 days and new employer need to give you permanent job offer letter with same/similar job duties and you invoke AC21 and request USCIS to approve your Pending I-485 based on new employer job offer letter. ** if your I-485 is pending more than 180 days then you are eligible for AC21.
__________________
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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#5
5th February 2009, 02:40 PM
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Thank you
Thank you very much TheRealCanadian and Ginnu.
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