AC21 Questions

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Kate31

Registered Users (C)
Country: Indonesia

Hi
I have a few questions..Would appreciate help..

1. I have an approved EB3 Labor (PD-March 2005) & I-140 is approved, filed 485 on 14th June.2007...Now my company had also filed an I-140 on EB2 substituion labor (PD 2006) on 30th May2007 which is yet to be approved...SO if my I-140 based on EB2 substitution Labor gets approved, Can i Port my EB3 PD (March 2005) to EB2 substitution labor to my 485 filed on June14th 2007 ?.If i can port my date, & I decide to change my company after 180 days, when does the 180 day Counter starts? Is it the date of my filing of I-485 (14h June 2005) or the approval date of new I-140 (might be around sep 2007).?..

2. My company also filed an EB2 labor for me in June2007 & if it does get approved & so is I-140 & I port my EB3 to EB2 so that i could utilize the PD of 2005 & also do not have to file 485 again....Now at the same time if I decide to use AC21 after 6 months, When does the 180 counter starts...lets say My EB2 labor gets approved on 1st Sep2007 & I-140 on 1st Oct...& keeping in mind that i filed my 485 on 14th June 2007, does it start from 14th June 2007 (ie the date of filing of 485) or the new approval date of I-140 based on my new EB2 labor?

3. There is a chance that my project might end in a few weeks...If my project ends and i change my job, what could i do to keep my I-485 alive?

Thanks.
Kate.
 
Last edited by a moderator:
Yes, you can port your EB3 to EB2 PD. Search for 'Pearsons memo' in this forum. It has details about this.

Your 180 day time clock for changing employers starts from 'Receipt date' for your I-485 (no matter what your Priority date is).
 
Hi

I cannot find the 'Pearsons memo' ..Can you please direct me....

Also again for my clarification...Can i port EB3 to EB2 lobor even if its substitution labor..If I-140 gets approved...
 
Kate31 said:
Hi

I cannot find the 'Pearsons memo' ..Can you please direct me....

Also again for my clarification...Can i port EB3 to EB2 lobor even if its substitution labor..If I-140 gets approved...
Click to expand...

Once your I-140 is approved, you carry the PD with you and should be able to port from EB3 to EB2 (unless the employer revokes the I-140 in which case its a grey area and USCIS may act on a case by case basis).
 
Hi
Thanks for your reply...So my understanding is that I can port EB3 to EB2 if my I-140 gets approved even if I-140 is based on EB2 subsittuion labor...

Secondly, how would i know that !-485 has been ported from EB3 to EB2...Is there a way to check or i will have to take the word of Lawyer? Thanks again.
 
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