I-485 Portability Rule I need your help PLEASE ADVISE

N

nj_polo

New Member
Hi,

Thank you for your help to all "Would be immigrant" . I like to know if the 180 Days Portability Rule applies to people WHO CURRENTLY DO NOT WORK for the company who sponsored their approved I-140?

I appreciate whatever help/clarifications you can give me.

Thanks,

nj_polo
 
It depends on who you ask

CSC appears to think that you must work for the sponsoring employer for six months to benefit from AC21. The other service centers are more lenient and only seem to require mor than six months of adjudication time. Without implementing regulations nobody can say for sure who is right about this. AC21 doesn\'t have any requirements like that but that\'s why INS creates implementing regulations.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

nj_polo/Jim,

I\'m in the same situation. I\'m not employed with the gc sponsoring co, I-140 approved and 485 was filed. What kind of RFE do you think will I get prior to approval?

thx
 
you may not get any rfe, if you don\'t you are fine my opinion. if you get an rfe then

you have to fight with a weapon of confusing \'AC21\'. you have to have
an attorney\'s brain to understand the possible ramifications and arguments that you can put infront of INS, but for now just wait and
make your mind free from it, I guess. which center are you from? NSC is better if you don\'t get an rfe since they don\'t bother to see paystubs for the first six months even you tell them that you were unemployed before 180 was clocked. they have so far let you go. we have not seen anybody with an rfe asking for paystubs for the individuals that were not working for the first 6 months. Or we did
not have any case of that sort. It is random. If anybody has fallen
through this crack, please post.
 
No Title

gheewalabhai/Jim,

NSC. currently on h1 with another co. any risks of getting the 485 being denied???
 
Follow-up Question: I485 Portability ISSUE Mr Jim Mills

Hi Jim,

Thank you very much for your response. It is highly appreciated. I like to ask a follow-up question. What about VSC, have you had a case like this that was approved by VSC where a petioner did not work for the sponsoring co. after 6 months of adjucation or can he shows a employment letter from different company during the interview?

Thanks again,

nj_polo
 
I just took over a case like this

I haven\'t seen any case that I filed approved yet under these circumstances but I\'ve heard of many approvals. I doubt you will have any problem but implementing regulations could change the whole picture.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Please Help..Very Very Sad....

My company is saying ther are not going apply for the EAD. They are not offering any reason why...The company is sending the I-485 docs for AOS. Here are my details:

1. H1 Expiring in March 2002. Extension approved for 1 year.

Here\'s my question:
1. After 6 months if I am laid off, can I gain another employment without the EAD from my sponsoring employer.
2. Can I file for the EAD on my own...Will I have a problem with the INS...

Jim any info would be immensely appreciated...

Thanks
 
Please Help..Very Very Sad.... My reply

You could apply for the EAD in the local INS office which has jurisdiction in the area you are working.

You need to mail in the Form 765 with the required fees with a copy of the I-485 to the same office as mentioned above. They will send you an appointment letter for your physical appearance for the interview on the EAD.

You got to take along a copy of the I-485 receipt, passport, and as much relevant papers to your current status.

At least that how I got my EAD.
 
No Title

Hi,
 We had applied for EAD renewal in Philadelphia INS. How long did it take for you to get called for an interview? Is there a way we can expedite the process our EAD is expiring shortly.
Thanks for the help..
 
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