AC21 Portability Issues

S

srila_99

New Member
Hello friends,
I like to use AC21 portablity to change my employer. Here are my case details

1. Labor Filed: July 2002
2. I-140 & I-1485 Filed: March 2004
3. I-140 Approved: January 2005
4. H1-B 6 Years Expired: May 2005
5. Current EAD Expires: April 2007
6. Current Status: Adjustment of Status with EAD

Questions


a. Can I change my employer now?
b. Since I will not have a good relation with my employer if I leave the company, can my employer revoke my I-140?
c. If yes, will that hurt my green card process?
d. After my H1-B Expired in May 2005, I was on EAD since then. I applied for a new H1-B in March of 2006. My case was approved, but asked me to go out of the country to have it stamped.
e. As I am currently on an EAD and do not have a valid H1-B will it be a problem to change an employer?
f. If I can, change my employer, can my pay increase to double with the same title and job description?
g. My employer who has filed for my green card made me sign a bond that says that I have to pay $20,000 if I leave before, 2 Years after I get my green card. Can he hold me for that If I leave now?
h. Assuming that I can change my employer, how many employers can I change being on AC-21
i. I have applied for my Advance Parole Document, will I have a issue with it if I want to travel to India after I change my employer?


I greatly apprecite your response and the services provided by this forum

Thank you
 
a. Can I change my employer now?
YOU CAN CHANGE EMPLOYERS BUT MAKE SURE YOU ARE IN THE SAME FIELD AND GET A SIMILAR POSITION

b. Since I will not have a good relation with my employer if I leave the company, can my employer revoke my I-140?
I AM NOT SURE ABOUT THAT.
c. If yes, will that hurt my green card process?
IF THEY REVOKE 140, IT SURELY WILL AFFECT YOUR I-485

d. After my H1-B Expired in May 2005, I was on EAD since then. I applied for a new H1-B in March of 2006. My case was approved, but asked me to go out of the country to have it stamped.
YES YOU HAVE TO GO OUT OF THE COUNTRY. MAKE SURE WHEN YOU COME BACK TO GET A NEW I-94 THAT SHOWS H-1B ON IT

e. As I am currently on an EAD and do not have a valid H1-B will it be a problem to change an employer?
IF YOUR EMPLOYER DOES NOT REVOKE I-140 YOU CAN APPLY FOR NEW EAD ONCE YOU CHANGE JOBS. MAKE SURE TO FILE CHANGE OF ADDRESS FORM WITH USCIS AND CALL THEM ABOUT YOUR ADDRESS CHANGE

f. If I can, change my employer, can my pay increase to double with the same title and job description?
AGAIN I AM NOT SURE ABOUT IT.

g. My employer who has filed for my green card made me sign a bond that says that I have to pay $20,000 if I leave before, 2 Years after I get my green card. Can he hold me for that If I leave now?
IF IT IS A BOND,HE WILL ASK FOR THE MONEY

h. Assuming that I can change my employer, how many employers can I change being on AC-21
I DONT THINK THERE IS A LIMIT ON NUMBER OF EMPLOYERS

i. I have applied for my Advance Parole Document, will I have a issue with it if I want to travel to India after I change my employer?
NO. I DONT THINK SO ...UNLESS YOUR EMPLOYER REVOKES YOUR I40
 
you're fine

According to the 2005 memo, if you have been waiting for your I485 adjudication to happen and your I140 is approved, you can change jobs as long as its a similar job to whats in your LC/I140. If your employer revokes your I140, you will receive a NOID (notice of intent to deny). You simply need to respond to this with a letter from your new employer which states (I think) salary, job title and job description. However, you should be fine.

There is no need to inform USCIS that you have changed employers and thus you can change as often as you like. USCIS is only concerned that you have a job that is the same or similar of what is on your I140/LC.

srila_99 said:
Hello friends,
I like to use AC21 portablity to change my employer. Here are my case details

1. Labor Filed: July 2002
2. I-140 & I-1485 Filed: March 2004
3. I-140 Approved: January 2005
4. H1-B 6 Years Expired: May 2005
5. Current EAD Expires: April 2007
6. Current Status: Adjustment of Status with EAD

Questions


a. Can I change my employer now?
b. Since I will not have a good relation with my employer if I leave the company, can my employer revoke my I-140?
c. If yes, will that hurt my green card process?
d. After my H1-B Expired in May 2005, I was on EAD since then. I applied for a new H1-B in March of 2006. My case was approved, but asked me to go out of the country to have it stamped.
e. As I am currently on an EAD and do not have a valid H1-B will it be a problem to change an employer?
f. If I can, change my employer, can my pay increase to double with the same title and job description?
g. My employer who has filed for my green card made me sign a bond that says that I have to pay $20,000 if I leave before, 2 Years after I get my green card. Can he hold me for that If I leave now?
h. Assuming that I can change my employer, how many employers can I change being on AC-21
i. I have applied for my Advance Parole Document, will I have a issue with it if I want to travel to India after I change my employer?


I greatly apprecite your response and the services provided by this forum

Thank you
Click to expand...
 
dwl800 said:
a. Can I change my employer now?
YOU CAN CHANGE EMPLOYERS BUT MAKE SURE YOU ARE IN THE SAME FIELD AND GET A SIMILAR POSITION
The new job duties must be similar and job must be permanent.

b. Since I will not have a good relation with my employer if I leave the company, can my employer revoke my I-140?
I AM NOT SURE ABOUT THAT.
Yes.

c. If yes, will that hurt my green card process?
No, if you use AC-21.

IF THEY REVOKE 140, IT SURELY WILL AFFECT YOUR I-485

d. After my H1-B Expired in May 2005, I was on EAD since then. I applied for a new H1-B in March of 2006. My case was approved, but asked me to go out of the country to have it stamped.
YES YOU HAVE TO GO OUT OF THE COUNTRY. MAKE SURE WHEN YOU COME BACK TO GET A NEW I-94 THAT SHOWS H-1B ON IT

e. As I am currently on an EAD and do not have a valid H1-B will it be a problem to change an employer?
IF YOUR EMPLOYER DOES NOT REVOKE I-140 YOU CAN APPLY FOR NEW EAD ONCE YOU CHANGE JOBS. MAKE SURE TO FILE CHANGE OF ADDRESS FORM WITH USCIS AND CALL THEM ABOUT YOUR ADDRESS CHANGE

f. If I can, change my employer, can my pay increase to double with the same title and job description?
AGAIN I AM NOT SURE ABOUT IT.

g. My employer who has filed for my green card made me sign a bond that says that I have to pay $20,000 if I leave before, 2 Years after I get my green card. Can he hold me for that If I leave now?
IF IT IS A BOND,HE WILL ASK FOR THE MONEY
The so-called bond is actually an agreement.You should talk to an lawyer if it can be enforced.

How did he "made you sign" the agreement. And why did you agree?

h. Assuming that I can change my employer, how many employers can I change being on AC-21
I DONT THINK THERE IS A LIMIT ON NUMBER OF EMPLOYERS

i. I have applied for my Advance Parole Document, will I have a issue with it if I want to travel to India after I change my employer?
NO. I DONT THINK SO ...UNLESS YOUR EMPLOYER REVOKES YOUR I40
Click to expand...


Talk to your attorney for details and professional advice.
 
This is for Ginnu & experts,

I filed my I-485 in Feb'2006 on my own. In Dec'2006 I hired an attorney and he filed AC21 on my case.
My attorney claims that he filed my AC21 through DHL. I called VSC last week and found out that they did not recieve AC21.
Does VSC update the system with AC21 or they just ignore.??
Do they update additional information only for RFE??

Basically my Attorney proactively filed AC21.

Please provide your advise on this.

Thanks in Advance.
 
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