AC21 Portability with L1B - Please Heeelp!!! -

D

Dookie

New Member
Hi Ginnu and Gurus, I have read a lot of threads trying to find a similar case as mine, but still I have some doubts and questions that haven't been resolved in regards the AC21 portability for us (me and my wife), I'll appreciate if you can help me and give me some advices that I can follow.

This is my case: I've been working with a L1B and my wife with the L2 (She has an EAD and actually working), we already file the I-140 and will probably be approved next year, also we filed the I-485 together with an EAD for myself. Due to family issues we are looking for the option to use the AC21 to change employer and actually a different location(from east to west). I know that I can use the AC21 after my I-140 is approved and our I-485 has been fpending for at least 180 days, and that the new position needs to be similar than what is written on my LC. But there are still several things that are not to clear or us:

1) What happens to our L1B/L2 visas if we go ahead and use the AC21 to transfer to another company/job?
2) What do we actually need in my case and my wife case to use the AC21, and keep working with another company, Can we both be using the EAD till our I-485 gets approved and we recieve our greencard? What happens when our EAD is expired, can we ourselves renew it?
3) When is the actual time that we have to file for the AC21, I know it's after my I-140 is approved and our I-485 has been filed at least 180 days, but is it when l'm still working with the actual company, or after I quit, or Do I need to have an offer at the same time?
4) How can I get what it says on my LC so I can verify what similar job I can look for?
5) Can I have and Advance parole on all the time that we are going to be waiting for our Green card, can we renew it?
6) What happens with our I-94, if it expires after my I-140 is approved and our I-485 has been pending for more than 180 days?
7) Our L1B/L2 visas will expire next year, to what other type of visa can my company lawyers go for? Is it easier with either one so after that I can change employer, like an H1B for example?
8) What happens to my wife status if I go for the AC21, is there a way she can still work till we recieve our greencard?

As for right now this are my questions, I really appreciate your support. Thanks!!!
 
Dookie said:
Hi Ginnu and Gurus, I have read a lot of threads trying to find a similar case as mine, but still I have some doubts and questions that haven't been resolved in regards the AC21 portability for us (me and my wife), I'll appreciate if you can help me and give me some advices that I can follow.

This is my case: I've been working with a L1B and my wife with the L2 (She has an EAD and actually working), we already file the I-140 and will probably be approved next year, also we filed the I-485 together with an EAD for myself. Due to family issues we are looking for the option to use the AC21 to change employer and actually a different location(from east to west). I know that I can use the AC21 after my I-140 is approved and our I-485 has been fpending for at least 180 days, and that the new position needs to be similar than what is written on my LC. But there are still several things that are not to clear or us:

1) What happens to our L1B/L2 visas if we go ahead and use the AC21 to transfer to another company/job?
>>>
U have two options...remember U are in dual staus L1B or I485
Option 1: Continue L1B/L2 with new employer - as if I485 has not been filed....not sure if that's possible or how that works....
Option 2: Abandon your L1B status and get onto I485 status...i.e...you can use the EAD got from your I485's (both you and your wife)......and start working...
2) What do we actually need in my case and my wife case to use the AC21, and keep working with another company, Can we both be using the EAD till our I-485 gets approved and we recieve our greencard? What happens when our EAD is expired, can we ourselves renew it?
>>>
Yep, EAD is a privilege offered by filing of I485...You can renew it yourself each year...
3) When is the actual time that we have to file for the AC21, I know it's after my I-140 is approved and our I-485 has been filed at least 180 days, but is it when l'm still working with the actual company, or after I quit, or Do I need to have an offer at the same time?
>>>
Remember GC is most/always for future employment...never for current employment
Filing AC21 documentation is optional....filing the info that you changed your intent to join upon approval of GC to a new employer...with USCIS does not guarantee receipt....sometimes USCIS may just overlook the documentation...
4) How can I get what it says on my LC so I can verify what similar job I can look for?
>>>
You can ask your employer for a copy of the L1 petition, I guess...not sure though...
5) Can I have and Advance parole on all the time that we are going to be waiting for our Green card, can we renew it?
>>>
Yep, EAD/AP are benefits of filing I485 by you and your wife...You can get and renew it each year yourselves..
6) What happens with our I-94, if it expires after my I-140 is approved and our I-485 has been pending for more than 180 days?
>>>
Your I485 Receipt Notice is the proof of your status in US.....I think you are in Parole status, I beleive...
7) Our L1B/L2 visas will expire next year, to what other type of visa can my company lawyers go for? Is it easier with either one so after that I can change employer, like an H1B for example?
>>>
Yep, you can try H1B - but that's purely lottery driven NOW! as last year!
8) What happens to my wife status if I go for the AC21, is there a way she can still work till we recieve our greencard?

Assuming, she filed I485 - so she is in I485 status....as a parolee....so nothing different...she can filed for EAD based on her I485 and start working, once she receives the EAD...

As for right now this are my questions, I really appreciate your support. Thanks!!!
Click to expand...

Hope that answered your questions...
 
Dookie said:
1) What happens to our L1B/L2 visas if we go ahead and use the AC21 to transfer to another company/job?
Click to expand...

Unless your new employer can offer you an L1 (unlikely) then your L status will cease and you will be adjustees.

2) Can we both be using the EAD till our I-485 gets approved and we recieve our greencard? What happens when our EAD is expired, can we ourselves renew it?
Click to expand...

Absolutely, and you are the only people who can renew your EADs. They are not linked to a company in any way.

3) When is the actual time that we have to file for the AC21, I know it's after my I-140 is approved and our I-485 has been filed at least 180 days, but is it when l'm still working with the actual company, or after I quit, or Do I need to have an offer at the same time?
Click to expand...

There is no specific time, nor are you required to file. I would not even think about filing it unless you have a new offer.

4) How can I get what it says on my LC so I can verify what similar job I can look for?
Click to expand...

You don't specifically need the LC; common sense will do fine.

5) Can I have and Advance parole on all the time that we are going to be waiting for our Green card, can we renew it?
Click to expand...

Yes, just like the EAD.

6) What happens with our I-94, if it expires after my I-140 is approved and our I-485 has been pending for more than 180 days?
Click to expand...

Nothing. Your I-485 keeps you in status, no matter how long it has been pending.

7) Our L1B/L2 visas will expire next year, to what other type of visa can my company lawyers go for? Is it easier with either one so after that I can change employer, like an H1B for example?
Click to expand...

An H-1B is your only choice. Considering its expense and the difficulty and delay in getting one, you may be better off with the EAD/AP.

8) What happens to my wife status if I go for the AC21, is there a way she can still work till we recieve our greencard?
Click to expand...

Your wife's L-2 status will cease, and she needs to work with an EAD.
 
Thank you very much for your quick responses, so, it seems we won't have any problem to work with another company with our EAD's as soon as our I-140 is approved and after our I-486 is pending for 180 days. So the steps we should take are:
After our I-140 is approved and after our I-486 is pending for 180 days:
1.- I can start looking for a job near from were we wan't to live, needs to be similar. My wife can start doig it, her job doesn't require to be similar.
2.- As soon as I find a job and receive an offer, should I file the AC21 at this moment. What should I tell the new employer? that I'm in I-485 pending status, just waiting for my greencard and that I can work only with my EAD?
3.- Keep renovating our EAD's and AP's each time they expired, can those requests of EAD's and AP's be denied?
4.- With an AP can I go in and out of US as much as we want, and for what;s the maximun days can we be out of US before we caome back?

banta4gc, I didn't understand very well your answer on question #3, can you explain me a little bit about it? thanks!!

Also, my wife is already working under L2 and she has an EAD already, does she only need to keep renewing it each time it expires, also when we go through the process of the AC21, which for her it doesn't matter at all, isn't it?
 
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