Changing Employer

C

chandhubcs

Registered Users (C)
Hi All,

I would like to use AC21 portability. I did concurrent filing on Jun 30, 2006 at Nebraska center. The main reason for me to use AC21 is that my employer is paying me very less salary from past 4+ years and even charging some money for doing GC. Since my I-140 is approved recently, I wanted to use AC21 portability with the client where I am working since more than 2 years presently. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. This is my 8th year extension. Here are my details
- Substitution labor priority date is January 3, 2002
- EB2 category
- I-140 filed on June 30, 2006. Approved on Jan 15, 2007
- Got EAD
- I-485 filed on June 30, 2006, waiting for approval

Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.
- what if my employer revokes my I-140 (although it got approved)?
- Does my I-485 has any issues if I use AC21?
- Do I need to let USCIS know that I have moved to new employer?
- What if my employer doesn't provide me LC/140 job duties and/or salary to use AC21?

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
 
chandhubcs said:
Hi All,

I would like to use AC21 portability. I did concurrent filing on Jun 30, 2006 at Nebraska center. The main reason for me to use AC21 is that my employer is paying me very less salary from past 4+ years and even charging some money for doing GC. Since my I-140 is approved recently, I wanted to use AC21 portability with the client where I am working since more than 2 years presently. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. This is my 8th year extension. Here are my details
- Substitution labor priority date is January 3, 2002
- EB2 category
- I-140 filed on June 30, 2006. Approved on Jan 15, 2007
- Got EAD
- I-485 filed on June 30, 2006, waiting for approval

Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.
- what if my employer revokes my I-140 (although it got approved)?
- Does my I-485 has any issues if I use AC21?
- Do I need to let USCIS know that I have moved to new employer?
- What if my employer doesn't provide me LC/140 job duties and/or salary to use AC21?

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
Click to expand...

- My understanding is your I-140 can still be revoked by the employer as long as it is not falling under AC21 criteria. - Gurus, please update on this.
- The new job should be similar to the one for which GC is filed for.
- I believe, it is always a good practice to inform - what's the new employer's attorney's opinion?
- Not sure
My 2 cents - Since your PD is January 2002 in EB2 category, it is best to wait for I-485 approval (you already waited 4+ years).
 
I-140 question

Hi All,

I would like to use AC21 portability with the client where I am working since more than 2 years presently. I did 140/485 concurrent filing on Jun, 2006 at Nebraska center. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. The main reason is my employer charging more money for GC and paying less salary which I have been working for more than 4+ years. Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.

- what if my employer revokes my approved I-140?
- Does my I-485 processing has any issues if I use AC21?
- Do I need to let USCIS know that I have joined new employer?
- My employer is not providing my copy of LC and/or Form ETA750A to know my job duties and/or salary to use AC21, Can I use H1-B job duties? Do I need to have it at any cost to submit to USCIS?
- Is it better to wait till I get GC?

8th year H1-B extension
EB2. India.
Prority Date: Jan 2002. (Labor substitution)
140 Applied : Jun, 2006.
140 Approval: Jan, 2007.
485 Applied : Jun, 2006.
Waiting for I-485 approval
Nebraska Center

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
 
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