- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
i-485 portability
- Thread starter raol21
- Start date
abhi_01201
Registered Users (C)
Try to get a job ASAP and be prepared to take help of AC21 if you get a RFE/interview. In case you dont get one - you have no problem at all.
You dont need to leave the country. You are in status as long as AOS is pending.
You dont need to leave the country. You are in status as long as AOS is pending.
raol21
First, do you have an EAD now? I'm assuming you applied for it in 12/2001 along with your 485 application.
More than six months have passed since your 485 appln, So, assuming you have a valid EAD, AC21 portability applies and you can change jobs now.
I think you may have been out-of-status between 11/2001 when your H1 expired and whenever your EAD became valid. Even if you were out-of-status, you can use the 245(i) clause and pay a $1000 penalty, since you applied for your GC before 4/30/2001. To use the 245(i) you must have been in the US prior to 12/21/2000.
If you are eligible to use the 245(i), do NOT leave the U.S. till your passport is stamped after 485 approval. If you leave the U.S. a 3-year or 10-year ban for re-entry may apply.
If you were out-of-status very briefly, you may be able to adjust status using 245(k) without a penalty.
Above is just my opinion and I'm not a lawyer. Please verify this info. In summary, it looks like you have multiple issues which could be resolved. Get a good lawyer.
-- alaknanda
First, do you have an EAD now? I'm assuming you applied for it in 12/2001 along with your 485 application.
More than six months have passed since your 485 appln, So, assuming you have a valid EAD, AC21 portability applies and you can change jobs now.
I think you may have been out-of-status between 11/2001 when your H1 expired and whenever your EAD became valid. Even if you were out-of-status, you can use the 245(i) clause and pay a $1000 penalty, since you applied for your GC before 4/30/2001. To use the 245(i) you must have been in the US prior to 12/21/2000.
If you are eligible to use the 245(i), do NOT leave the U.S. till your passport is stamped after 485 approval. If you leave the U.S. a 3-year or 10-year ban for re-entry may apply.
If you were out-of-status very briefly, you may be able to adjust status using 245(k) without a penalty.
Above is just my opinion and I'm not a lawyer. Please verify this info. In summary, it looks like you have multiple issues which could be resolved. Get a good lawyer.
-- alaknanda
Since your H-1 expired in 11/2001 and you filed your 485 in 12/2001 you're within the 60-day grace period (I haven't seen this clause anywhere but have heard lawyers talk about it) so you should be fine. No need to worry about 245(i). I presume you have an EAD and since it's more than 180 days since you filed your 485 you could take advantage of AC-21 and switch employers as long as you are employed in the same or similar category under which your LC was filed. Try and look for a job immediately so that in case of an RFE you can provide INS with the required documents such as pay stubs, employment letter, etc. But please consult your lawyer for details on how to proceed.
thank you mavishka, alaknanada and abhi
yes i have an ead now. my basic questions :
1) What will AC-21 get me? An EAD card? Does that make me legal here? right now i do not have a h-1 , just an EAD.
I am meeting with a lawyer on Monday, just wanted to get all the questions together.
2) When I interview for a job : What will I have to say : That company must be willing to apply for a AC-21 for me?
3) Also is this all going to affect my I-485 application and cause delay?
yes i have an ead now. my basic questions :
1) What will AC-21 get me? An EAD card? Does that make me legal here? right now i do not have a h-1 , just an EAD.
I am meeting with a lawyer on Monday, just wanted to get all the questions together.
2) When I interview for a job : What will I have to say : That company must be willing to apply for a AC-21 for me?
3) Also is this all going to affect my I-485 application and cause delay?
abhi_01201
Registered Users (C)
AC21 is a regulation which allows you to change your GC sponsoring employer if the AOS is pending with INS for more than 6 months. INS have not yet released the formal explanation yet - so there are lot of grey area in this rule.
I am sure your lawyer knows all about this.
Good luck
I am sure your lawyer knows all about this.
Good luck
abhi_01201
Registered Users (C)
AC21 is a regulation which allows you to change your GC sponsoring employer if the AOS is pending with INS for more than 6 months. INS have not yet released the formal explanation yet - so there are lot of grey area in this rule.
I am sure your lawyer knows all about this.
Good luck
I am sure your lawyer knows all about this.
Good luck
AC21, etc.
AC-21 is the name of an act or a set of laws (I'm using these words loosely). It's not a form that you apply. AC-21 allows you to change your sponsoring employer if your 485 has been pending for more than 180 days. So, you are allowed to change employers now. Find a job in the same or similar field with similar pay. Your green card process can continue.
Just based on the fact that you have a 485 pending, you are eligible to work. That's what the EAD is about. You can start working for your new employer as soon as you get a job.
Unrelated to the above facts, it appears that you may have been out-of-status for the period beween your H1 expiration and your EAD start date. However, you can make use the 245(i) or 245(k) rule, and still be eligible for green card.
If you have been out-of-status for even one day, do not leave the US. You could be denied re-entry even if you have an advance parole document.
-- alaknanda
P.S. I'm assuming your H1 status itself expired in 11/2001 after 6 years (or 3 years) i.e. your I-94 had a 11/2001 date on it.
AC-21 is the name of an act or a set of laws (I'm using these words loosely). It's not a form that you apply. AC-21 allows you to change your sponsoring employer if your 485 has been pending for more than 180 days. So, you are allowed to change employers now. Find a job in the same or similar field with similar pay. Your green card process can continue.
Just based on the fact that you have a 485 pending, you are eligible to work. That's what the EAD is about. You can start working for your new employer as soon as you get a job.
Unrelated to the above facts, it appears that you may have been out-of-status for the period beween your H1 expiration and your EAD start date. However, you can make use the 245(i) or 245(k) rule, and still be eligible for green card.
If you have been out-of-status for even one day, do not leave the US. You could be denied re-entry even if you have an advance parole document.
-- alaknanda
P.S. I'm assuming your H1 status itself expired in 11/2001 after 6 years (or 3 years) i.e. your I-94 had a 11/2001 date on it.