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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 24th April 2009, 06:38 PM
faranianq faranianq is offline
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H1 Transfered - Should file AC21 also ?

Hello gurus,

I have approved I-140 with company ABC.
I-485 has been filed for more than 180 days.
I have EAD also I have current H1.

Now I have switched my employer to say XYZ.
New employer has filed for my H1 transfer.

Do I need to file for AC21 in this case?
Doesn't USCIS already know that I have switched company for a similar job when they received my H1 transfer application?
Should I still send a seperate AC21 letter to inform that I am now working with a new company.

Thanks in advance for your time and advice.
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  #2  
Old 25th April 2009, 12:40 AM
ginnu ginnu is offline
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Posts: 13,478
Quote:
Originally Posted by faranianq View Post
Hello gurus,

I have approved I-140 with company ABC.
I-485 has been filed for more than 180 days.
I have EAD also I have current H1.

Now I have switched my employer to say XYZ.
New employer has filed for my H1 transfer.

Do I need to file for AC21 in this case?
Doesn't USCIS already know that I have switched company for a similar job when they received my H1 transfer application?
-------------------------------------H1 and I-485 are different petitions.
Should I still send a seperate AC21 letter to inform that I am now working with a new company.
-----------------------Yes, send new company permanent job offer letter with same/similar job duties + copy of I-485 filing reciept and cover letter to invoke AC21 with your Pending I-485. keep the copy of each document that you send to USCIS. you can also take the help from new company lawyer.

Thanks in advance for your time and advice.
--------------------
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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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  #3  
Old 26th April 2009, 12:48 PM
faranianq faranianq is offline
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Posts: 51
Thank you very much Ginnu.

Thats what I thought initially.
I asked my new company to file for AC21.
Their HR department told me that H1 transfer should serve the purpose.
Thats why I thought I should check with this knowledgeable forum.

Thanks for your advice again.
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  #4  
Old 27th April 2009, 06:10 PM
ginnu ginnu is offline
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Quote:
Originally Posted by faranianq View Post
Thank you very much Ginnu.

Thats what I thought initially.
I asked my new company to file for AC21.
Their HR department told me that H1 transfer should serve the purpose.

---------------------------------HR department don’t know that H1 and I-485 are different petitions and don’t know about AC21.HR department is not immigration lawyers.

Thats why I thought I should check with this knowledgeable forum.

Thanks for your advice again.
file the AC21 directly or through the present company lawyer.
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