I-485 - Portability - Changing jobs

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withdraw485

Registered Users (C)
Hi
Here is my situation. I'd appreciate if anyone can share their thoughts on my options.

1. I work in the midwest area, my first company, company A, which had its head office in Malvern,PA applied and got approval for my labor and I-140 from PA in 2000.
2. After the priority dates became current in July 2001, the same company applied my I-485 from Nebraska INS. In July 2001 company A was aquired by Company B. I continued to work at the same worksite in the midwest area but my company now
changed to Company B. Company B has its head quarters in Dallas,TX. They continued pursuing my I-485 application.
3. In Dec 2002, I withdrew my I-485 in favor of getting married and re-applying after the marriage.
4. After getting married in August 2003,COmpany B re-applied my I-485 along with my spouses I-485 from Vermont (citing that my labor and I-140 were applied from the same location).
5.My I-485 is pending and by the end of 2004, our contract with the current client is expiring. We are around 100 consultants working at this site and it looks like start jan 2004 we no longer will be employed by Company B. We may have an option to join Company C which will get the contract starting Jan 2005.

What are my options here? How does joining company c in Jan 2005 affect my GC processing considering my labor was filed from a different location than my actual work place. Will I be able to use AC21? Do I need to stay with Company B (finding a position in one other branches of the same company) until my green card processing is complete?

I'd really appreciate any thoughts or information you experts can share..
thanks so much.
 
Since you've completed 180 days after applying for 485 you can switch jobs (same or similar) using AC21 (law). You need not do anything. In case of an RFE just submit documentation from new employer.
 
Thank, You mavishka for the valuable information. I still have this concern at the back of my mind that since the first company applied the labor from Malvern while I worked in the midwest area all along, how would AC21 be interpreted in that respect.
Also, are there any specific documents that I would need to file for AC21 when an rfe is issued?
Thanks again for the info.
 
Coincidentally, I too currently work in Malvern, PA but let's just leave it at that. AC21 doesn't restrict you geographically, just limits you to the approx LC job description & title. All your lawyer would need to do is to write a detailed letter explaining how your case proceeded and why you are using AC21. In your case, you don't even need AC21 since your company was acquired. AC21 is only if you change jobs.
 
AC 21 Portability

For using AC-21, you do not need to have worked in the area where the Labor is applied. For that matter, you do NOT need to work for the sponsoring employer at all.

Please read the following memo from William Yates, Ass. Director, Operations, USCIS. This memo clearly explains AC-21

http://www.usavisanow.com/8-13-03-140-485.pdf
 
mavishka,Reggie, Thank You so much for your valuable information. Now I feel better and confident that I could use AC21 since I'd be infact changing companies (job,location will remain same) by the end of the year'04. Since a new company is expected to get the contract starting 01/01/05.
With the current backlog at Vermont, I am anticipating that my I-485 may be considered for adjudication by May'05. Does any one have a format for the letter to be submitted for AC21?
Thanks again for all the valuable information.
You guys are awesome.
 
A related question, to which I am curious what the answer is: is an EAD what authorizes you to work for a different company right away while waiting for a GC? Does this mean that without an EAD (H1B and GC process in progress) you cannot do this?
 
EAD and H1 both are work authorization (of course they have many other things). But, H1 is sponsored by a particular employer, if you leave that employer you basically invalidate the H1, on the other hand EAD is not tied with any employer and therefore it allows you to work for other employers.

I guess, while on the I-485 stage after 180 days, you can get a new H1 from a different company without impacting your I-485. Technically once you crossed the 180 days after applying for I-485 your application is not bound to the underlying I-140.
 
Originally posted by Milko_Djurovski
A related question, to which I am curious what the answer is: is an EAD what authorizes you to work for a different company right away while waiting for a GC? Does this mean that without an EAD (H1B and GC process in progress) you cannot do this?
Click to expand...

You can even work for a different company by transferring H1.
 
Originally posted by ar888
You can even work for a different company by transferring H1.
Click to expand...

Oh, really, with an AC21 principle? Do you need a visa transfer to be valid/approved or can you resume work ASAP and wait for the transfer to take effect?
 
Originally posted by Milko_Djurovski
Oh, really, with an AC21 principle?
Click to expand...


Yes. AC21 doesn't ask you to have EAD to change the jobs, whether you change the jobs on EAD or H1 doesnot matter, as long as you have 485 pending for more than 180 days and 140 approved.
 
Originally posted by ar888
Yes. AC21 doesn't ask you to have EAD to change the jobs, whether you change the jobs on EAD or H1 doesnot matter, as long as you have 485 pending for more than 180 days and 140 approved.
Click to expand...

And that is why you are a moderator :D Thanks, that does present some new opportunities for me :cool:
 
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