AC21 and 180 days portability

[hope234]

I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?

I would appreciate if any one replies to these posts. Thanks in advance.

 

[sanz72]

Dont move before 180 days. That is if Green Card is important for you. You may get lucky and may be nothing will happen. But if something does happen and they raise a query or deny your application then the AC-21 law/rule may not be able to save your card.

So wait for at least 180 days before you switch and if something goes wrong, you are protected by the AC-21 law. This is from my own experience.

And yes your new Employer has to offer you a job in exact same field that was there in your labor approval.

Also dont forget to consult an attorney on this. I am posting only from experience and am not a substitute for a legal/expert opinion.

 

[MI_NonRIR]

Do you know of any attorney (based on your experience) whom I can consult with?

Please advise.

Dont move before 180 days. That is if Green Card is important for you. You may get lucky and may be nothing will happen. But if something does happen and they raise a query or deny your application then the AC-21 law/rule may not be able to save your card.

So wait for at least 180 days before you switch and if something goes wrong, you are protected by the AC-21 law. This is from my own experience.

And yes your new Employer has to offer you a job in exact same field that was there in your labor approval.

Also dont forget to consult an attorney on this. I am posting only from experience and am not a substitute for a legal/expert opinion.

 

[sanz72]

Do you know of any attorney (based on your experience) whom I can consult with?

Please advise.

Where do you live ?

If you live in East Coast, try getting in touch with Sheela Murthy or our own Sri Rajeev Khanna ji. If I am not mistaken both are based in DC/Maryland area.

I have personally met Ms. Murthy and spoken with her about my AC-21 case back in 2004, I found her suggestions to be fairly helpful and something that were very much in my own interest, in other words I trust and value her opinion.

I have not met with Mr. Khanna but communicated with his staff when I had trouble with my I-485 (it was denied), his office appeared to be very co-operative, helpful and willing to help me out if I needed their help, although I went through my company's lawyers (Fragomen).

If I remember well, Ms. Murthy is little more expensive than Mr. Khanna but well worth, so is Mr. Khanna, IMO.

There is another law firm in the name of Kirkpatrick Lockhart (www.klgates.com) and Foxrothschild (www.foxrothschild.com), I had dealings with both of these at some point during my immigration and they were pretty good too.