AOS Portability .. When does it apply?

S

suchiraj5

Registered Users (C)
Hi,

I was under the impression that the AOS
portability was applicable only if I was on
an H1 and wanted to transfer it to a new
company..

My case:
* Applied for 485 in nov 2001 from company X.
* Got EAD in march 2002
* H1 expired in August 2002
* Fingerprinting done in Sept 2002.
* Laid off from company X in Nov 2001.
* Got a new job in company Y in feb 2003.
* Using my EAD to work in the new company.
* Applied and got iEAD in feb. (Had applied
extension and AP extension in nov. Got
the APs, but still waiting for the EADs for me
and my wife.)

Now...
Do I NEED to apply for AOS portability? My lawyer says that I must apply for it. But I dont know why. Currently I am working using my EAD. So why do I need to apply for AOS portability? I thought the portability comes only if I am on H1 and then transferring to a new company.

Need help ASAP.. because if I do need to apply for AOS portability, then I better do it fast!

Thanks,
Rajesh.
 
Since you got laid off/no longer working with your original GC sponsoring company and have moved to a different employer, you will need to inform INS.

The point is that the GC is for future employment and not current employment. Since you got laid off from the org company, there is no future job promise, post GC approval. AC21 states that you can transfer your GC process to another employer, provided the job category with the new employer is the same as what is mentioned in your LC and that your AOS application is pending for more than 180 days.

Ideally, you should send a letter to the INS informing them of your new employer and telling them that since you meet all the criteria under AC21, your GC adjudication should be continued.
You will need to attach a letter from your new employer stating that they have employed you and also state your job desc and salary. In case your current salary is less than what is mentioned in your LC, make sure they add that post approval you will be paid the LC amount.

Several people do not inform INS when they change employers and when a RFE comes along they send the EVL and pay stubs from the new employer. That too is acceptable. Since you are a Nov 2001 case - you may get a RFE or (hopefully) approval before your AOS portibility / AC 21 letter reaches your file.


What route you want to take is your call.

Check with your lawyer and follow their advise - just in case.

Good luck
 
suchiraj5,

Though people on this forum, through their own experience do have some answers to AOS portability etc. These type of questions get better answers if posted in the correct forum. i.e. the Portability forum. People who post there are way more knowledgable than us on this topic.
 
thanks for the replys.

hi,

thanks for the replys and ill post it in the portability forum too. i was tying to look for the right forum for this.

Thanks!
rajesh.
 
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