I applied for my I485 in 1st week of October -RD and around 3rd week of November is my ND. I work for a very unstable company. Company lately having a lot of problems. Very likely, will close down very soon (atleast seems to me). So, I will complete 6 months or close to 180 Calendar days (don\'t know if it matters)in 1st week of April. My client here wants me to join them. I think I know the answer specially in this economy and given the financial status of my company. But, wanted to seek some expert opinion here on the board. I apologize if this is a stale subject.
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AC21 Question
- Thread starter Balaji99
- Start date
Yes you can...
You can join the client provided your current employer wont trouble you(threatening to cancel your I-140..). But eventhough AC21 says you can join another company after 180 days of 485 filing...it is better to get the ok from your current employer.
eddyja.
You can join the client provided your current employer wont trouble you(threatening to cancel your I-140..). But eventhough AC21 says you can join another company after 180 days of 485 filing...it is better to get the ok from your current employer.
eddyja.
you are perfectly safe boss here is link to answer your questions
you are perfectly safe....
http://www.murthy.com/UDac21qa.html
you are perfectly safe....
http://www.murthy.com/UDac21qa.html
Ram Mohoni
Registered Users (C)
Ram Mohoni
You can move anywhere in a "similar" position after completing 180 days from the date of RECEIPT. Your old employee has no control over your GC process once 180 days are completed and I don\'t think they can cancel your I-140 either.
You can move anywhere in a "similar" position after completing 180 days from the date of RECEIPT. Your old employee has no control over your GC process once 180 days are completed and I don\'t think they can cancel your I-140 either.
The only risk with portability is...
1. If INS approves the case within 180 days
2. Employer withdraws I-140 - no one can tell for sure if employer can do this. If the employer can - it defeats the purpose of AC21.
I agree it\'s very frustrating to stick with an employer if your career is going no-where. The only silver lining is that the I-485 processing time is getting comparatively efficient.
1. If INS approves the case within 180 days
2. Employer withdraws I-140 - no one can tell for sure if employer can do this. If the employer can - it defeats the purpose of AC21.
I agree it\'s very frustrating to stick with an employer if your career is going no-where. The only silver lining is that the I-485 processing time is getting comparatively efficient.
If you are going to stay on the same position or doing stuff as mentioned in your LC you are safe.
I was in the same situation and my company went bankrupt and later acquired from the bankruptcy court. I was retained as a essential employee. So I used my EAD to join the acquired company as my job was terminated. I didn\'t notify INS on that but I did get an RFE for earning statements for the last 2 months and also tax returns for the year 2000 as I didn\'t file when I applied for my 485 in March 2000. I got my 485 approved last feb and got my plastic card last week. the only concern is that since the INS is approving applications so fast if you don\'t get an RFE you are safe else you get about 8-12 weeks time to respond to the RFE and it would past by the 180 days of approval. So either you way you are good. But do talk to a lawyer if you are not comfortable in making a decision.
I was in the same situation and my company went bankrupt and later acquired from the bankruptcy court. I was retained as a essential employee. So I used my EAD to join the acquired company as my job was terminated. I didn\'t notify INS on that but I did get an RFE for earning statements for the last 2 months and also tax returns for the year 2000 as I didn\'t file when I applied for my 485 in March 2000. I got my 485 approved last feb and got my plastic card last week. the only concern is that since the INS is approving applications so fast if you don\'t get an RFE you are safe else you get about 8-12 weeks time to respond to the RFE and it would past by the 180 days of approval. So either you way you are good. But do talk to a lawyer if you are not comfortable in making a decision.
Thank you for your responses
Thanks a bunch guys. As you all know it is very difficult to make a decision in such cases. It is comforting to hear and gives more confidence when you hear positive news. I guess I am now more comfortable than I was when I posted this.
Thanks a bunch guys. As you all know it is very difficult to make a decision in such cases. It is comforting to hear and gives more confidence when you hear positive news. I guess I am now more comfortable than I was when I posted this.