AC21 Portablility Issues.

[vvkp]

Hi,
I have couple of questions regarding AC21 portability.

1.One of my friend said that we can join any company on EAD with EAD on
AC21 portability without informing USCIS. If everything goes rightway we
can get 485 approved. If they give RFE, then we can file AC21 immediately
and then we can answer afterwards for that RFE basing on new AC21 filing.
Is that correct? What I mean is can we file AC21 immediately after we got RFE?

2. If we leave the company which filed GC for me and join another company
on AC21 portability, can the original company can cancel my 485? If yes
then what happen to my status?

3. If we use EAD once and if we want can we switch to H1b status after
sometime if we find good employer even my 6 years period is over?

 

[TheRealCanadian]

If they give RFE, then we can file AC21 immediately and then we can answer afterwards for that RFE basing on new AC21 filing. Is that correct? What I mean is can we file AC21 immediately after we got RFE?

That's the way I would do it. There's no guarantee that proactively claiming AC21 relief does anything at all.

If we leave the company which filed GC for me and join another company on AC21 portability, can the original company can cancel my 485? If yes then what happen to my status?

You filed the I-485, not the company. The company has no ability to cancel it, anymore than I have the ability to cancel your I-485. They can, however, request withdrawal of the I-140.

If we use EAD once and if we want can we switch to H1b status after
sometime if we find good employer even my 6 years period is over?

Maybe, if you are eligible for a 7th year H-1B via the AC21 statute. Considering the expense of an H1B these days I question if it is truly worth it.

 

[vvkp]

Thanks a lot 'TheRealCanadian'.
Another question is ... if 485 is approved luckily without any RFE, is there any disadvantage in future for not filing AC21 immediately after changing the employer?

 

[jig101saw]

That's the way I would do it. There's no guarantee that proactively claiming AC21 relief does anything at all.

What if you do not get any RFE and 485 is issued. They will never know that you switched the job. Would this create problem along the line somewhere, at citizenship?

Please respond.

 

[TheRealCanadian]

What if you do not get any RFE and 485 is issued. They will never know that you switched the job. Would this create problem along the line somewhere, at citizenship?

It shouldn't, since notifying USCIS is not mandatory. I would preserve documentation as to the exact date of your job switch and the job duties in case there are any questions.

 

[Cheekoo]

Thanks a lot 'TheRealCanadian'.
Another question is ... if 485 is approved luckily without any RFE, is there any disadvantage in future for not filing AC21 immediately after changing the employer?

AC21 is the Law. It is available to every applicant with approved I140 + I485 pending more than 180days.

THE LAW IS THERE TO BE APPLIED. NOW WHAT IS THERE TO FILE ABOUT ?

If you meet the condition ... you are safe all the way to approval.

 

[TheRealCanadian]

AC21 is the Law. It is available to every applicant with approved I140 + I485 pending more than 180days. THE LAW IS THERE TO BE APPLIED. NOW WHAT IS THERE TO FILE ABOUT ?

While the law covers every alien who switched jobs, USCIS is still entitled to ask for evidence that the job switch matched the AC21 requirements in terms of timing and wether the new job was same/similar.

 

[Cheekoo]

Agree

While the law covers every alien who switched jobs, USCIS is still entitled to ask for evidence that the job switch matched the AC21 requirements in terms of timing and wether the new job was same/similar.

Thats why I said ... if the conditions are met.
let me break it into 2 parts.

1, 140 approved + 485 > 180 days pending. -- makes you a candidate for AC21

2, To provide proof of a new permanent, same/similar, job. -- this will complete the move.

Its important to have a job OR "bonafide" job offer available at the time of adjudication.

 

[GCdreamer2006]

Cheekoo, you have an interesting case there.
The major reason I have been so reluctant to trigger AC21, is that since we have a damn restriction, it would be hard to get another job in case my new potential offer doesn't work, go out of business, etc.

Once your I-485 was denied, what happened to your EAD/status here ?

Thats why I said ... if the conditions are met.
let me break it into 2 parts.

1, 140 approved + 485 > 180 days pending. -- makes you a candidate for AC21

2, To provide proof of a new permanent, same/similar, job. -- this will complete the move.

Its important to have a job OR "bonafide" job offer available at the time of adjudication.