Banta4GC,
Thanks for posting the links to AC21 PDF.
I still have couple of questions.
Following are 2 faqs,I found helpful there:-
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
Memorandum for Service Center Directors, et al. Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 7
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
My Questions below:-
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I understand that trhe moment use use EAD/AP(either to transfer job or remain in same job without filing H1 extension or used AP to enter US), you lose your H1 status.
Are these scenarios possible:-
1. I-485 filed,but less than six months completed,transfer H1 from Company A to Company B(current H1 valid upto 2010).GC Process not started in Company B.In meantime,6 months elapsed and I-485 with Company A is still in process.Is there a way to use AC-21 here since my start date with Company B was before I-485 became portable.(Or only way out is re-start GC process at Company B and port the PD)??
2. Same situation as above,but say 6 months have elapsed after I-485 and then I am transferring H1 to Company B,but I do not file AC21 till I get dependant to US??Once dependant is in US,I file AC21.(Am I still not using the EAD or filing AC21 means EAD also has to be applied)
3. Say I485 is not filed yet with Company A,I transfer H1 to Company B and sometime down the line,my PD of labor filed with Company A becomes current and Company A files I-485,eventhough I have left them.I continue with Company B without filing GC.after 6 months,I can file AC21 and continue I-485 with company B??
Both 1,2 and 3 are possible looks like based on AC21 memo,since GC is for future employment,the only catch is I140 should never be revoked by Company A before 6 months elapses after I-485.??
Is that correct??
Thanks,
everonh1
