An AC 21 confusion

P

PHSESAaug

Registered Users (C)
I am on EAD. My I-140 was approved under EB3 and 485 has been pending for close to 3 years now. I received a verbal offer from another company. When I port to the new employer, can I

Ask the new employer to file an EB2 for me and then port my earlier priority date to an approved EB2 140?

EB2 priority dates are advancing faster than the EB3 PD for India.
 
PHSESAaug said:
I am on EAD. My I-140 was approved under EB3 and 485 has been pending for close to 3 years now. I received a verbal offer from another company. When I port to the new employer, can I

Ask the new employer to file an EB2 for me and then port my earlier priority date to an approved EB2 140?
-----yes
Read:
PEARSON MEMO
http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf

http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

EB2 priority dates are advancing faster than the EB3 PD for India.
Click to expand...
 
Ead

Ginnu, Thanks for the link. I am on EAD and not H1B. Since the new employer will file EB2 perm and I-140 for me, do I still need to send AC21 letter to USCIS to cover for the period between me joining them and EB2 based I-140's approval?
 
For PHSESAaug:
when your employer file new I-140 provide your A# that is on your I-485 reciept so that lawyer fill up your A# on I-140 form.
provide the lawyer evidence of your early PD so that when he file second I-140 he can recapture the early PD by writing on cover letter to USCIS and make sure lawyer write your A# on I-140 form.
Good Luck!!!
 
last question

ginnu, I won't disturb you any further - this is the last question. Is this process applicable under the following scenario.

Currently: On EAD with 485 based on EB3 pending for close to 3 yrs.
New Job : Not same or similar but an EB2 type job.

Can I use my EAD to move to the new job and file a EB2 Perm and EB2 I-140 using the A# from my I-485.

Would I not be in violation of AC-21 until the period I substitute approved EB2 140 in my I-485 petition.

PS: Reason I am asking is new job is not exactly same or similar to my current job.
 
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