santoshk04
New Member
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
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