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Go Back   ImmigrationPortal Forums > Immigrant Visas (Green Cards) > I-485 Issues > I-485 Issues Common to All Services Centers > I-485 Portability (AC21)

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

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  #1  
Old 10th April 2009, 02:55 PM
kumo kumo is offline
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Urgent - GC approved but not sure if its AC21? Pl help

Hello Experts/Attornie's

Pl help as I think am confused.. here is the facts that are relevant to Q.

- have 3 approved i140's (two from current employrs) (one from former employr eb2 pd 5/02. this is the oldest pd)
- recently approved i140 with current employer is eb2. we asked in app itself to tfr/retain the PD of prev employr 5/02 but approval came without the oldest pd but our applied dt 8/07) we asked for correction of PD's in a letter
- meanwhile two days back, we recd mail that our GC approved, card prod ordered..

now my Q..

how do we tell which i140 CIS considered to approve the 485 case? current employer's eb2 i140 or previ emplor eb2 i140?

1)if they apprvd based on previous employer i140, then its Ac21 if i continue to work for current employer.. (ofcourse the same/similar job issue still there)
2) if they approvd based on current employr i140 (alhtough stated pd is not current, they cud hv applied the oldest Pd avl on the file..) then i continue to work with current employr to satisfy the GC conditions...
3. i am not sure which employer to work now?? to properly satisfy the GC conditions...given the confusions...

I was told once card issued, no further paper work goes to the file.. if thatis the case, suppose if the current employr eb2 i140 is corrected subsequently to reflect the oldest pd, will that give legality to me to continue work for my current employer? or go to local field office and correct the GC?

any help provided by experts is really appreciated as i wanted to ensure I do the right thing & any act now would not pose problem for citizenship path 5 yrs from now..
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Old 13th April 2009, 04:35 PM
kumo kumo is offline
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AC21 or not? how to tell?

Hey... any one?? would appreciate any of you weigh in ... thanks.
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  #3  
Old 13th April 2009, 04:50 PM
EricS EricS is offline
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Based on the facts you provided, this is my opinion:
Continue working for current employer.

You didn't mention 485 filing date.
A>
If you filed 485 while working for previous employer, then moved to new one using AC21 (after 140 approved and 485 filed > 180 days) then new employer's 140 does not come into picture. You still work for new employer because you have already used AC21.

B>
If you filed 485 while working for current employer, then even if you used the PD from previous employer, you have not used AC21. You still keep working for new employer.
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CR - 5/2005

More details about my case in this thread:
http://www.immigrationportal.com/sho...d.php?t=173931

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  #4  
Old 13th April 2009, 05:01 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by kumo View Post
i am not sure which employer to work now?? to properly satisfy the GC conditions...given the confusions...
If you're working for an employer who has an approved I-140 for you, it's not AC21 and you're fine.
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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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  #5  
Old 13th April 2009, 06:08 PM
kumo kumo is offline
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AC 21 Q - how to tell?

thanks 'eric' & "the real'

actually filed 485 while with current employer.. that time based on their appvd eb3 i140.. subsequently two i140's appvd - one with former employr eb2 & one with current employr eb2.

if both of your advise to "keep working for current employer" does that satisfy GC conditions if 485 apprvd based on previos employer PD?

working for current employr on their apprvd i140 basis (even ifts not current) or if ac21, will there be same or similar job issues?
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