AOS Portability .. When does it apply?

[suchiraj5]

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.

 

[sheelum]

Portability is for gc only.

Suchiraj,

The whole portability rule is about porting your immigration petion to adjust the status(I-485).

To send in the letter now is an option(BCIS expects you to inform them of the change of intent ), I sent it.

It becomes mandatory to send this information if you get rfe anyway.

If the lawyer is advising it, it is probably a good idea.

regards,