AC 21 Rule and Portability

R

Ram Kri

Member
I changed company from A to B after my Labor is approved. Company A is good enough to continue the GC process, Filed I-140 and 485 concurrently in December 2002. I-140 is approved in November 2003 after 2 RFE's. My question is am I eligible to file AC21 and get my GC process taken over by company B. Another point is company A is a small company and have only about 10 employees. Company B is a big corporate office. I did not change the location of the job, I am still working at the same location and same job description holds good as per my GC labor. Please let me know if I can ask company B to file AC21 after 6 months of I-140 approval. Thanks in advance.
 
As long as you are in good books of company A, why do you worry? In your case, it is very clear the GC is for future job. Since you are recieving a pay-stub from company B, keep yourself silent until you recieve an RFE. While answering the RFE, you can submit the employment offer letter from company B.
 
Thanks guys. Is it ok to keep silent until I get approval or RFE? If I get an RFE then what are the consequences and how should I reply? My concern is I joined the company B before my I-140 and 485 are applied. My attorney said that GC is for future employment and I can continue to get the GC done with old employer.
Is any one had similar case and successful in getting GC? Please share your experiences. Thanks in advance.
 
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