AC21 Portability - L1A with I-140 and I-485 >180days

D

Dream On

Registered Users (C)
I entered the USA on an L1A (Manager) Visa. I now have an approved I-140 and my I-485 has been pending for more than 180 days. As AC21 applies to EB (Employment based) petitions, is there any reason why I would NOT be able to switch employers - providing the job title is similar? I have seen comment that only people who enter on H1B's may make use of AC21.
 
An interesting post from Murthy's o8/25/03 chat :

Chat User : My visa is an L1A. I filed for a GC under EB1. Labor exempt. I-485 was filed over 180 days ago. Can I change employers?

Attorney Murthy : The BCIS has recently seemed to turn around on its position on these types of cases. Originally, they had mentioned that AC21 portability will apply to all employment-based cases. Now, they are saying it differently in AILA meetings. It seems unfair, since the purpose of AC21 was to ensure that the employee is able to switch employers and has the freedom of movement as if the person was a permanent resident if the BCIS takes longer than 180 days to process the I-485 case. Also, of course, the I-140 EB1 case should have been approved. Otherwise, there is a bigger risk of the entire case being denied, even under present AC21 interpretations. The safe course is not to switch employers until we hear one way or the other.
 
If one changes employer, what are the steps to do? Are there any form to submit to BCIS, reflecting the change of employer. Surely, if the new employer is from another state, change of address should be submitted. But other than that, should one let BCIS know of the new work? Or just wait if an RFE comes?
 
Dream On

Thanks for posting this. I am in the same category, L1-A, multi-national manager.
This, if it becomes the position of BCIS, is really not fair. I have been waiting 24 months to be approved. It does seem that the safe thing to do is not change jobs.
 
I am also in the same boat - L1A category. I also know of a L1/ EB1 person who used AC21 (he was laid off) and received his green card.

I have not heard of an issue with L1A in any other forum. Has anyone else?

My lawyer told me today that L1A was not an issue.
 
I am on the same boat as well.

I guess the question right now is what's written in the I140 petition - the SOC code area.

Some people are saying that you have to switch to a company that is also multinational and you must be doing the same or similar job.

I can understand the "same/similar" part, but the "multinational" part .... I hope it doesn't become one of the criteria.

Guys, what's filled in the SOC code field in your I140 application form?
 
I have never seen a copy of my I-140 application. All I have got is a copy of the I-140 approval notice. I don't remember seeing any SOC code on it, but I will have another look. Any suggestions on how to get the SOC code without going to the Corporate Attorney who submitted the application (don't want to arouse any suspicion).
 
Why is SOC code so impoirtant?

I will look through my papers to see if I have any documentation on this.

BTW, Do any one of you know if it is a big issue moving to a state that falls in a different processing center than I am in today?
 
when you switch jobs, you want to make sure your new one is as similar as your old one as possible. The SOC code may help you determine under what occupation you filed your I140.

For L1-A (multi-national manager/executive), it may just be a code for "manager" which is quite general/broad. Not sure if that's going to favor us in any way. But it's good to look at it and determine the next step, in my opinion.

I wanted to see what other folks situation in this same boat as I am are and discuss the action plan together. There are not many people in this category, so sometimes it's hard to find people to discuss...
 
I am in the same boat. L1A, approved I140, I485 > 180 days.

My lawyer swears I can switch the same as the L1A.

The Immigration and Nationality Act section for this part of the AC-21 law only refers to EB not H1B. So if push came to shove there would be a fair argument if the immigration argued L1's are not covered.
 
I am on the same boat. I have already changed employers, I-485 pending for 22 mo. I requested info to Miami INS and they have mentioned that AC 21 applies to L1A also, there is no risk of changing jobs as long as it is on the similar fiels of expertise. Now I am waiting for EAD.

What you can expect is your case to be transfered to a local office, but nothing else..
 
Please use this thread as the one for all L1A AC21 case updates because there are not too many of those cases and I hope it will make it easier for us to find latest info here.
 
to betoserrano

Betoserrano,

Do you know the SOC code used in you I-140 application? We may want to compile a list of SOC codes typically used for L-!A folks.

This list will help folks who do not know their SOC code..
 
What profession are you in?

I am just wondering as to why they used 11.9199 (Other manager). If you are in IT, there are more appropriate codes.
 
I have looked at all my paperwork and cannot find a SOC code. Can anyone provide more specifics where I should look - which form - application or approval notice?
 
Guys,

I am also in L1-A

Can we have a thread with a spreadsheet to update our RD, ND and approval information.

It would give some idea about the processing times

Thanks
 
same boat

I am also L1A and waiting for over a year in 485 stage. ND is dated Sept first week 2002. WAC02275....

I guess it is same line for L1A and other EB cat once in 485 stage. My friends who applied a year before me ( before 9/11/01) got approvals in 9-10 months.

There were others who lost jobs, but were able to find jobs probably using Ac21. I thought AC21 is applicable for L1A, until I saw Murthy chat, now I am in doubt.

Anyway, hang on and wait...good luck to all incl me.
 
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