GC by Previous Employer, No AC21, PD current in June

G

gc4eb3

Registered Users (C)
My EB3 i140 (labor substitution) was filed in 2005 by a consulting company, later I took full time job with a client and filed 485 in 2007, still working in that company. Job description 'programmer analyst' is same at both companies. The current employer filed EB3 labor and i140 in 2009 and captured the old PD, but didn't file AC21.

My PD will be current in June, and USCIS may open my file sooner or later. Do we need to send any info to USCIS at this juncture? or will USCIS ask for any info?

I will join the GC sponsor once I get the GC, but may I know how long I can wait before joining my sponsor?

Thanks in advance.
 
gc4eb3 said:
The current employer filed EB3 labor and i140 in 2009 and captured the old PD, but didn't file AC21.
Click to expand...

That's fine. No explicit filing is required.

You are eligible for AC21 portability anyways; if you prefer to stay at the current employer you are able to do so.
 
forgot to add ... I didn't work for the sponsor after filing 485

I forgot to add that ...

I joined the current company in the beginning of 2006, and filed 485 based on old employer i140 in 2007, but I didn't work for that sponsoring company after filing the 485. The current company filed labor and i140 in 2009, and captured old PD.
 
You have multiple options:

1) Do nothing. In this case, the old I-485 and your current employment would be seen as an AC21 job change if your current job meets the "same or similar" criteria, and you would be under no obligation to go back to the original sponsoring employer.
or
2) Ask USCIS to interfile your old I-485 to connect it to your new I-140. But there probably is no benefit to this unless your new job isn't similar enough for AC21, or there is something shady with your original I-140 that might make USCIS want to revoke it (there were many shenanigans with companies that did labor substitution before it was banned).
or
3) File a new I-485 based on the new I-140. But in order to do this, your PD must be current, and there probably is no benefit to this (except the scenarios mentioned in #2).
 
Hi Jackolantern,

I am sorry for delayed reply.

I chose option 1, did nothing, just kept quite keeping fingers crossed.

Thanks again.
 
We received our GCs.

What should I do with the i94s?

I can put current APs and EADs into shredder?

We updated our status with Social security. Do we get new SSN cards?
 
gc4eb3 said:
What should I do with the i94s?

I can put current APs and EADs into shredder?
Click to expand...

Keep them until you become a citizen, in case USCIS later comes up with some nonsense like claiming you worked illegally. Or shred them if you're not worried about that.

We updated our status with Social security. Do we get new SSN cards?
Click to expand...
They didn't tell you they're sending new cards? When I updated mine after GC approval, they told me to expect the new card in the mail in about 2 weeks. You should get new cards, without the employment restriction wording.
 
Hi Jackolantern,

Thank you very much for inputs.

We received new SSN cards without employment restriction.

At SSN office there was long line, and we have another appointment, so just finished our work and moved on without asking any.
 
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