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can i use my previous companies approved I140
- Thread starter gc_chk
- Start date
Participant
Registered Users (C)
As per AC21 Act:
I140 is portable to a new employer,if
1)I140 already approved. and
2)I485 filed 180 days ago and pending.
and new job with new employer is in same /Similar Job.
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Not a legal advise.Lay man's opinion.
I140 is portable to a new employer,if
1)I140 already approved. and
2)I485 filed 180 days ago and pending.
and new job with new employer is in same /Similar Job.
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Not a legal advise.Lay man's opinion.
I couldnt understand the meaning of "without going back to them."
You can file I-485 with you previous company, provided they give you a letter saying that the job offer is still valid.(The reason being GC is for future employment). But you cannot use AC 21 portability, because CIS might be asking for paychecks from previous employer or someother proof for 180 day rule.
Gurus, can you shed some light on this one - Can a person use AC21 with out even joining the employer processing future GC?? Will it cause any problem in the later stage (I mean citizenship).
--Vortex.
You can file I-485 with you previous company, provided they give you a letter saying that the job offer is still valid.(The reason being GC is for future employment). But you cannot use AC 21 portability, because CIS might be asking for paychecks from previous employer or someother proof for 180 day rule.
Gurus, can you shed some light on this one - Can a person use AC21 with out even joining the employer processing future GC?? Will it cause any problem in the later stage (I mean citizenship).
--Vortex.
Originally posted by gc_chk
thanks for the response.
What if the I140 was approved and I485 not filled.
can we file for I485 with that company without going back to them.
Please let me know.
thanks again.
Some people have done it successfully. Do not send employment letter along with I485 application. Send your I-140 approval notice and all other relevant documents.
Anyway CIS is not taking any decision about I-485 within six months. If you feel that it might come within six months delay your finger printing. After that inform CIS you are changing your job to new company.
The only condition is your I-140 should not be revoked. There very good chance that you can get approval. You need to hire a good manipulative attorney.
You have good chance of approval if the I-140 is not revoked. Important point is do not send employment letter until six months.
Anyway CIS is not taking any decision about I-485 within six months. If you feel that it might come within six months delay your finger printing. After that inform CIS you are changing your job to new company.
The only condition is your I-140 should not be revoked. There very good chance that you can get approval. You need to hire a good manipulative attorney.
You have good chance of approval if the I-140 is not revoked. Important point is do not send employment letter until six months.
Agree with “tammy2” many have filed I-485 without past employer letter with I-485 and got EAD, AP. Once I-485 is accepted don’t shout keep quiet for 180 days after filing I-485, don’t tell your friends they mat leak the info to past employer and employer may attempt to revoke I-140. Play safe.
Once you file I-485 they just look for your copy of I-94 if you are in status, give a look to I-485 form, correct fees and you attach the copy of I-140 filing receipt or copy of approved I-140 and you are all set.
** before filing please check the status of your I-140 from BCIS online status if it shows approved immediately take the print out and keep with you as a proof and file I-485, EAD, AP if I-140 is approved.
Many have done this and I-485 is taking 24-30 months at this time and when they are going to approve I-485 they will check medicals, birth certificates , employer letter and you will cross 180 days and can send new employer letter and can use AC21. many lawyer will refuse to file I-485 without employer letter go to lawyer who is ready to file and inform him you are ready for the risk or you file directly.
Once you file I-485 they just look for your copy of I-94 if you are in status, give a look to I-485 form, correct fees and you attach the copy of I-140 filing receipt or copy of approved I-140 and you are all set.
** before filing please check the status of your I-140 from BCIS online status if it shows approved immediately take the print out and keep with you as a proof and file I-485, EAD, AP if I-140 is approved.
Many have done this and I-485 is taking 24-30 months at this time and when they are going to approve I-485 they will check medicals, birth certificates , employer letter and you will cross 180 days and can send new employer letter and can use AC21. many lawyer will refuse to file I-485 without employer letter go to lawyer who is ready to file and inform him you are ready for the risk or you file directly.