How to use portability soon when case is consular processing?

C

CA_Dream

Registered Users (C)
PLEASE advise on the following situation

I-140 at CSC, consular processing, EB2, RD 6-22-04, pending (consulate: Frankfurt, Germany)

Now I have a great offer from another employer to join in Sept. 04

I doubt that the consulate interview and passport stamp can be accomplished before I start the new job, even if I-140 is approved soon.

Is there any way that I can make use of portability? Right now, I am not in the US. What if I apply for AOS in Sept. 04, although I might be about to start a new job with H1B?
Any chance that this is viable if I have a letter (date?) from old employer that job is still available?

Any advice is greatly appreciated -- CA_DREAM
How to use portability soon when case is consular processing?
 
I don't understand your post. You have to join in Sep 04 or 05? You are posting this on Feb 15, 05. Also, is your 140 approved yet or not?

Please post details and someone will be able to help.

- ab
 
clarification

--------------------------------------------------------------------------------

SORRY about being unclear....

I-140 at CSC, consular processing (Frankfurt, Germany), EB2, RD 6-22-04, NOT YET APPROVED, posted processing date for CSC is 6-07-04.

Great offer from another employer to join in Sept. 2005 (of course, not 2004)

Dear gurus, pls let me know if additional info is needed in order to help me with this dilemma

CA_DREAM
 
CA_Dream said:
--------------------------------------------------------------------------------

SORRY about being unclear....

I-140 at CSC, consular processing (Frankfurt, Germany), EB2, RD 6-22-04, NOT YET APPROVED, posted processing date for CSC is 6-07-04.

Great offer from another employer to join in Sept. 2005 (of course, not 2004)

Dear gurus, pls let me know if additional info is needed in order to help me with this dilemma

CA_DREAM
Click to expand...

Unfortunately, you cannot avail of the portability option with your case as-is. The AC-21 rule states that you need (a) an approved 140 and (b) a 485 pending since > 180 days to be able to change jobs.

You can avail portability by doing the following:
(1) File 485 immediately as there is no portability on CP. You will need to be in US for filing 485 (mandatory).
(2) Wait for 6 months since filing before change. Assuming you can file by mid march, you should be good for a mid sep start with the new job.
(3) Hope like crazy that your 140 gets approved before you resign from your current job.

goodluck!

- ab
 
great plan - but...

atlantabhopali -- Thank you so much for your detailed response. That sounds like a great plan.

Some problems with that, though, I guess.
- I'd need to be in the US to file in March, right?
- I'd have to stay in the US to be available for fingerprints.
- I would need to get a copy of the I-140 receipt notice from my employer, as well as an employment letter, probably without getting the employer suspicious.

As an alternative...
If my current employer agrees to provide the documents (I-140 receipt notice and letter that job would still be available), could I join the new employer and still file I-485 in September - because the greencard is for future employment with old employer - and then claim AC21 after 180 days?

I won't be able to submit i-485 in March - I am 8-month pregnant, and no airline will take me to the US.

More ideas and advice highly appreciated....!

Thank you for your time and advice.... CA_DREAM
 
Congratulations & best wishes for the baby to come.

That does makes things a bit complicated. Here are my 2 cents worth:

CA_Dream said:
Some problems with that, though, I guess.
- I'd need to be in the US to file in March, right?

----> Yes. You need to be in US when you file 485.

- I'd have to stay in the US to be available for fingerprints.

----> Yes. Or you will have to come back for them at the destined time once CIS issues a FP notice (3 to 9 months from filing 485 typically)

- I would need to get a copy of the I-140 receipt notice from my employer, as well as an employment letter, probably without getting the employer suspicious.

----> Yes.

As an alternative...
If my current employer agrees to provide the documents (I-140 receipt notice and letter that job would still be available), could I join the new employer and still file I-485 in September - because the greencard is for future employment with old employer - and then claim AC21 after 180 days?

----> Yes, that is possible if your employer agrees to it. The employer will need to provide a letter stating that the job is available to you after GC is approved without mentioning anything about your current job. Keep in mind though that your employer might not be very happy with processing your GC and then you leaving.
Click to expand...

goodluck!

- ab
 
Dear atlantabhopali

Thanks for the congrat's -- my life ain't boring :-)

It is good to know that the alternative MIGHT work. I can at least try to part from current employer on good terms. Won't be easy, as they will still have to pay me during maternity leave...

Then again, maybe we'll find an agreement if I resign earlier to save them some of the money they'd have to pay during the maternity leave.

Thank you so much - and GOOD LUCK with your endeavors!
CA_Dream
 
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