Company A filed for my GC case in EB-3 category and the labor and I-140 were approved. I then changed jobs and went to Company B. While working for Company B, I filed for I-485 based on the I-140 that I had from company A since company A was willing to give me a future job letter. Now another company C wants to hire me. Come December 29, I will be completing 180 days on my I-485. Will Company C be able to use AC21 portability to take over my I-485 application? I heard that along with the I-140 petition, people submit W2 and paystubs from the original petitionioning company for portability. Is this really required for AC21 portability?
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AC21 while working for a different employer
- Thread starter Bunty2772
- Start date
Company A filed for my GC case in EB-3 category and the labor and I-140 were approved.
I then changed jobs and went to Company B.
While working for Company B, I filed for I-485 based on the I-140 that I had from company A since company A was willing to give me a future job letter.
Now another company C wants to hire me. Come December 29, I will be completing 180 days on my I-485. Will Company C be able to use AC21 portability to take over my I-485 application?
--------------company C does not do anything for your I-485. I-485 belongs to YOU not to A or B or C. once I-485 pending hits 180 days then you need company C same/similar permanent job offer letter to invoke AC21
I heard that along with the I-140 petition, people submit W2 and paystubs from the original petitionioning company for portability. Is this really required for AC21 portability?
----------------one is eligible for AC21 after I-485 pending after 180 days. for AC21 you need Cover letter+ copy of your I-485 filing reciept+ new employer job offer letter only but if you submit copy of 2-3 pay stub of C with AC21 letterthen it will not hurt
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Company A filed for my GC case in EB-3 category and the labor and I-140 were approved.
I then changed jobs and went to Company B.
While working for Company B, I filed for I-485 based on the I-140 that I had from company A since company A was willing to give me a future job letter.
Now another company C wants to hire me. Come December 29, I will be completing 180 days on my I-485. Will Company C be able to use AC21 portability to take over my I-485 application?
--------------company C does not do anything for your I-485. I-485 belongs to YOU not to A or B or C. once I-485 pending hits 180 days then you need company C same/similar permanent job offer letter to invoke AC21
I heard that along with the I-140 petition, people submit W2 and paystubs from the original petitionioning company for portability. Is this really required for AC21 portability?
----------------one is eligible for AC21 after I-485 pending after 180 days. for AC21 you need Cover letter+ copy of your I-485 filing reciept+ new employer job offer letter only but if you submit copy of 2-3 pay stub of C with AC21 letterthen it will not hurt
Thanks a lot for your answers Ginnu. This really helps. According to the November visa bulletin(EB3-India), my case with PD of Oct 2002 is not eligible for a visa number. This means that if there is no or little forward movement of the visa numbers in December, there is a strong possibility that I may have to go this route with portability. This is because Company A which filed my petition has down-sized considerably and the job offer letter that I submitted with my I-485 application is mostly void. I don't want the USCIS to find this out first and send me an RFE or notice or denial.
Do you think I'm on the right path? Also, since ability to pay is also a concern for portability, will I need some other documents from company C to prove that they can pay me according to what's on my original I-140 petition? Thanks again for your answers. They are greatly appreciated.
gc09292003
New Member
AC21 to GC rocessing company
Hi Gurus
Iam working for Company A. My GC is being processed by company B.Iwant to swith to comapny B and work.I applied for EAD aslo.
1) When can I start working for company B. Does AC21 applies to me.Does AC21 is related to any job change or chaning job fron the GC Sponsor.
2) Go I need to inform CIS about this change.
3) In LC salary is defined as $xxK. But I may get more than that. Does this will be a problem if they check my paystub and W2.
Thanks in Advance.
Hi Gurus
Iam working for Company A. My GC is being processed by company B.Iwant to swith to comapny B and work.I applied for EAD aslo.
1) When can I start working for company B. Does AC21 applies to me.Does AC21 is related to any job change or chaning job fron the GC Sponsor.
2) Go I need to inform CIS about this change.
3) In LC salary is defined as $xxK. But I may get more than that. Does this will be a problem if they check my paystub and W2.
Thanks in Advance.
manwithnoname
Registered Users (C)
I don't see the reason for invoking AC21 here. Gettign paid more, is not an issue.