Help! AC-21 portability question...

Z

ziljiban

New Member
I need help about AC-21 portability rule. Especially
when changing the job before the 180 days period is over?

I have an approved 140 and the 485 has been pending
for about 4 months. Now I want to switch jobs coz the company
is in trouble. Is it necessary that I wait for 2 more months
before making the switch?

What might INS ask me when they review my case? Will I get an interview?
 
Important to Stay for 180 Days !!

It is our responsibility, in case of usage of AC21, to prove to INS that we did stay with the original employer (I mean 485 filed) for a minimum of 180 days before we moved to the new employer / have an offer of employment for the future. In case of such cases, I heard from other forums' following wuld be helpful.

1) Proof that you did work for the original employer for 180 days (Like may be Pay stubs, releiving letter, experience letter, EVL.,etc)
2) Offer/ Employment letter from the new employer.
3) Proof that you did inform the INS of the change in employment ( Some Attorneys differ on this, so leave it to attorney)
4) Proof of Change of Address forms filed (If you did)
5) Your W2s and Tax filings.

Guys please add to this list if you feel any other is important
 
Wrong gurha

There's no rule that u have to stay for 180 days for the employer who filed ur 485. Rule is as long as INS fails to adjust your 485 within 180 days you will not be punsihed for changing employer. so if u hv changed ur job after 4 months biut INS fails to adjust or give decision within 180 days AC21 wil lcome in effect and ur GC is saved.
 
Ghost, what if the previous employer revokes or withdraws an approved 140 after the period of 180 days? Does it affect the pending 485 application?
 
there's no written rules these days on that. According to some lawyers INS is doing at will to revoke 485 or approve if 180 days hv passed and 140 is withdrawn. So keep your fingers cross on that one. check up murthy.com on that issue.
 
you will get interview if you get RFE

it seems that in the recent past, if you get an RFE for EVL, paystubs etc. and you then submit a letter to INS saying that you have changed jobs under AC21, you will get called for interview. If you don't get RFE, you may be approved without interview.

I got RFE and AC21 letter and was informed that my case is transferred to SFO for interview.

good luck
madman
 
Mmmm !! Interesting !!

I was always thinking that you got to stay with the employer for 180 days in order to take advantage of AC21. In this case, since INS always takes more than 180 days (By default now a days), according to you, there is nothing to fear. You can leave even on Day2 after 485 is filed. I think there is some catch here. All the people that I talked to (Including Attorney) said you had to stay with original employer for 180 days. May be I am wrong.
 
PPL have even left employers and filed 485 own there own. There's a huge thread on this in Portabilty folder. Nowwhere in AC21 guidelines states that u hv to work for 180 days for your employer.
Second there's more then a chance u will get interview after rfe and u repley for AC21 but we hv seen approvals on this board without interview using AC21.
 
You must log in or register to reply here.
Top