change of employer for dummies

A

aranmor

Registered Users (C)
Hello guys, I've tried to understand the portability thing by reading a lot of posts here about AC21, I140, etc. Can any of you folks explain it to me like to a dumb person? I would like to know what the requirements are for me and my new employer, does this new company need to meet a certain criteria as of how many employees they have or time of establishement? can my current employer do something to hurt me?, this is my situation:

applied for Asylum on 2003
Pending Asylum case set for hearing on July 29th 2008
I-140 aproved and PD set for february 2006
I-485 applied for in July 2007 on E3
EAD current.
documents in Texas Service Center.

Thanks in advance.
 
aranmor said:
Hello guys, I've tried to understand the portability thing by reading a lot of posts here about AC21, I140, etc. Can any of you folks explain it to me like to a dumb person? I would like to know what the requirements are for me and my new employer, does this new company need to meet a certain criteria as of how many employees they have or time of establishement? can my current employer do something to hurt me?, this is my situation:

applied for Asylum on 2003
Pending Asylum case set for hearing on July 29th 2008
I-140 aproved and PD set for february 2006
I-485 applied for in July 2007 on E3
EAD current.
documents in Texas Service Center.

Thanks in advance.
Click to expand...

I do not know from where I should start but, (this may not apply for asylum)
If an employer sponsored someone's GC, then he has to follow certain regulations and work with that sponsor for sometime (at least 180 days after filing I-485).
If that person want to move after that to another related field he may file AC21 stating that he do not like that employer any more and want to switch to another nice one in the same field.
The employer has the write to request from the USCIS to revoke the pending or even approved I-140 because the employee did not follow the regulations or left the work earlier violating the commitment by which the employer sponsor his application and the decision to revoke or not is up to the USCIS if they are convinced with the AC21 or not
But what if the employer himself does not like the employee and want to fire him earlier in the process, again he can request to revoke the pending I-140 and explain the reasons behind that. The employee may appeal that in the court or other authorities if he wants.
 
Does this apply to an asylee? I'm not expert on asylum cases by any stretch of imagination but an asylum is granted on political grounds and is not employment based.
 
of course not, they are 2 separate process, I just need to know about the possibilities and the procedure/consecuences to change employment while I485 pending.
 
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