Can I Have Portability With 170 Days?

[medina_jesus]

My company sold the whole asset, all employees were transferred to the new employer and my old employer agreed with the new employer to keep me in the payroll until dec31, 2007 in order to get the 180 portability, but I am not going to make it. It is going to be only 170 days to that day. After that my old employer is not going to exist and they can not extend that day (legal thing) but at least is not going to drop my I-140.

What can I do in order to save this whole paper work I have done already?

The new owner wants to employ me and get me a H1B transfer and start everything again if necessary but I want my wife start to work ASAP using the work permit that will be ready pretty soon.

Can I change employer (H1b transfer) lets say in November, keep my wife work permit and start everything again? I do not care actually, we only care the family economic increase if my wife works.


Or can I keep working until Dec. 31, 2007, take two weeks without job and then apply for the 180 days portability On Jan. 10 2008? And how is this process?, how much time does it take?


I am going to be working in the same facility, same title, same salary.

Thanks in advance

 

[ginnu]

My company sold the whole asset, all employees were transferred to the new employer and my old employer agreed with the new employer to keep me in the payroll until dec31, 2007 in order to get the 180 portability, but I am not going to make it. It is going to be only 170 days to that day. After that my old employer is not going to exist and they can not extend that day (legal thing)

but at least is not going to drop my I-140.
-----------------that is OK if the employer does not revoke I-140
What can I do in order to save this whole paper work I have done already?

The new owner wants to employ me and get me a H1B transfer and start everything again if necessary but I want my wife start to work ASAP using the work permit that will be ready pretty soon.
------------------------join the new employer with H1 transfer and once your pending I-485 hits 180 days then invoke AC21 with new employer same/similar permanent job offer
Can I change employer (H1b transfer) lets say in November, keep my wife work permit and start everything again? I do not care actually, we only care the family economic increase if my wife works.
----------------- you can change the employer now with H1 transfer, once H1 transfer petition reaches USCIS or you get H1 transfer filing reciept join new employer

Or can I keep working until Dec. 31, 2007, take two weeks without job and then apply for the 180 days portability On Jan. 10 2008? And how is this process?, how much time does it take?

-----------------GC is for future job, you can join now the new employer with H1 transfer and once I-485 pending hits 180 days then invoke AC21. H1 has nothing to do with pending I-485

I am going to be working in the same facility, same title, same salary.
-----------------that ok for AC21
Thanks in advance

----------------------- FYI if employer A file LC, I-140 and you are not working with that employer A and you file I-485 based on I-140 approval of A and are working with B that is OK. for AC21 you only need I-485 pending more than 180 days and it is not required that you should be working with A for 180 days after I-485 filing. for AC21 your I-485 need to be pending more than 180 days and it does not matter of you are working with A or B

 

[am_var]

Ginnu: thanks for your comments

What if I am on 7th year extension? Can I still change employers now on H1-B (expires Dec 07) and then use AC21 after 485 pending for 180 days (Oct 07).

Please advise,

thanks
am_var

 

[ginnu]

What if I am on 7th year extension? Can I still change employers now on H1-B (expires Dec 07)
---------------YES, you can be on 7th or 8th year H1extension and can also file H1 extensions in future based on pending I-485, join new employer with H1 transfer ( H1 status is safe for you)
and then use AC21 after 485 pending for 180 days (Oct 07).
------------YES. to use AC21 your I-485 should be pending more than 180 days and new employer should agree to give you permanent job offer letter with same/similar job duties to invoke AC21 with pending I-485. H1 has nothing to do with pending I-485, H1 and I-485 are different petitions I-485 belongs to YOU ,H1 petition is filed by employer.

Please advise,

thanks
am_var

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