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Hi Rajiv

My name is Santosh, and I have a few questions regarding AC21 portability.


My situation is this:

I came to US in May 2006 on a H1 visa.

I am currently employed by company XYZ. I joined XYZ in Nov 2006.

XYZ had an approved EB3 labor petition, whose PD was June 2003, and was approved in August 2006.

Company used labor substitution to file I-140 for me.
It was filed in December 2006 and was approved within 8 days since it was done in premium processing.

Visa numbers became available in July 2007 for my PD. My I-485 was filed on July 28, 2007.

Got EAD for me and my wife in Oct 2007. Also had fingerprinting done for self + family in Nov 2007.

Company XYZ got bought over by company ABC in August 2007, but all merger-related formalities were completed by December 2007.
So now effectively I am an employee of ABC.

ABC is planning to file a I-140 amendment for me. The filing is not yet done, but it should be done in the next two weeks or so.

In summary:
- I have 4 years left on my H1.
- I have my EAD. Wife has EAD.
- I-140 is approved and my I-485 is pending for more than 180 days.
- Company name changed after filing I-485 but before the 180-day limit.
- New company is planning to file I-140 amendment in the near future.


My questions:

- Is it advisable to invoke AC21 portability till the I-140 amendment approval comes through ??
- Is it absolutely essential to file I-140 amendment in my case, even though I have passed the 180-day limit ?
- If I have a new job offer (with same job classification) from company PQR, am I eligible for using AC21 without filing the I-140 amendment ?
- Since I have 4 years left on my H1, should I ask company PQR to rather file H1 transfer instead of using AC21 portability ?
- If I do a H1 transfer with PQR, what happens to my wife's EAD ? Do I need to change her status back on H4 or does she still remain on an EAD ? What is her status in this scenario ?
- Does the fact that it is a labor substitution case add any complexity to the AC21 game ?


Thanks
- santosh k
 
Dear Mr. Rajiv,

AC21 Portability

MY PD is Sept 9, 2002
I-140 - Approved
I-485 - June Filer (RFE Received and Responded)
EAD - Received and 6 months (180 days) over.
I am in company A for 8 years, I wanted to move to company B. But My Company A filed my GC as 'Web Designer' and Now in Company B I will be joining as Project Manager/Solutions Architect.
Can I move from Company A to Company B using AC21? The offer from Company B is much better and I don't want to loose this hike in my career, but I am also scared that Job Responsbilities are totally different from my GC Application.

Can you please advice on using AC21 Portability, Should I wait or can I use AC21, if it is not a risk?

Thanks in Advance
 
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Does total number of I140 filed by employee matters?

Hi Rajiv,

I got RFE for ability to pay for the I140 petition. Although my employer is able to show all evidences such as Net income > proffered wage , net assets > proffered wage and also I am currently being paid > proffered wage (i.e. W7 salary > proffered wage), I have some doubts.

Lets say employer has Net income of USD 150,000 in the year petition is applied and the proffered wage is USD 60,000. and I am one of many (20+) benificiaries that employer has petitioned for same year. Will there be any point when INS says no more I140 approvals ?

My question is that does it matters - how many total 140 petitions the employer has filed ? And if this criteria is ever considered to evaluate for approving ?

Please advise.

Thanks.
Manish..
 
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H1 - Lay Off - Grace period to transfer H1 *Payslip Semi monthly*

Hi Rajeev,

I was layed off by employer effective from February 25th. They run payslip for semi monthly ( Every15 days ). I will be getting payslip for the days from 16th to 25th Feb on 11th March. I haven't find new employer yet. Please suggest me with in what date i should file H1 transfer?
Though i was terminated effective 25th Feb, my employer still marketing my Resume and mentioned that if they find any project, they will retain me.
Can they retain me with out any legal complications?
Thank you very much for your advice.

Kiran
 
Wom

Hello Rajiv,

will it be useful to file WOM even though my PD is not current?
My PD is 12/2001 in EB3 from India.

Thanks.
 
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