Is AC21 applicable in my case ?

C

ckinnj

Registered Users (C)
Hello Expert(s),

I am in need of your expert advice. Here is my case and I need to know if AC21 is applicable in my case.

I have a graduate degree from USA and have been working with Employer 1 till Sept 2008. Employer 1 filed GC in 2005 in EB3.
Priority date: Jan 26, 2005
I140 approved.
I485 applied in Oct 2007 and pending approval for more than 180 days.
Job title in I140: Sr. Software Engineer

Completed second graduate degree and switched job and employer in Oct 2008.
New & current position: Product Manager.
Employer 2 has applied for LC through Perm in August 2009.

Currently in H1B and valid until Sept 2011.

My question is, do I qualify for AC21?
If not, can I claim the original priority date when my employer files for I-140 (provided my PERM is approved)? In this case, will there be any question of job similarity?
Does Sr. Software Engineer and Product Manager be considered as similar jobs? (both jobs in financial services industry)


Thanks a bunch,
ckinnj.
 
ckinnj said:
Hello Expert(s),

I am in need of your expert advice. Here is my case and I need to know if AC21 is applicable in my case.

I have a graduate degree from USA and have been working with Employer 1 till Sept 2008. Employer 1 filed GC in 2005 in EB3.
Priority date: Jan 26, 2005
I140 approved.
I485 applied in Oct 2007 and pending approval for more than 180 days.
Job title in I140: Sr. Software Engineer

Completed second graduate degree and switched job and employer in Oct 2008.
New & current position: Product Manager.
Employer 2 has applied for LC through Perm in August 2009.

Currently in H1B and valid until Sept 2011.

My question is, do I qualify for AC21?

--------------------Yes.
If not, can I claim the original priority date when my employer files for I-140 (provided my PERM is approved)? In this case, will there be any question of job similarity?
-----------------You can retain the original priority at the time of filing second I-140.provide the lawyer copy of first I-140 approval notice or I-140 filing receipt notice and lawyer must write on cover letter to recapture early PD. on second I-140 form or any future form write your A#(that is on I-485 filing receipt notice). Once the second I-140 gets approved then send the copy of second I-140 approval notice and request USCIS to Interfile second I-140 with Pending I-485 and also send new job offer letter from new employer and request the USCIS to approve pending I-485 based on new I-140 and new job offer letter so that you don’t have any problem with job title and that will not be AC21.
Does Sr. Software Engineer and Product Manager be considered as similar jobs? (both jobs in financial services industry)


Thanks a bunch,
ckinnj.
Click to expand...

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Thanks Ginnu. With regard to the above suggestion, I have two quick questions.

1) What is meant by "Interfile"?

2) What are the requirements in terms of old and new job offers, its compatibility etc.. during this last step, of interfiling?

Thanks again,
ckinnj
 
ckinnj said:
Thanks Ginnu. With regard to the above suggestion, I have two quick questions.

1) What is meant by "Interfile"?

----------------–verb (used with object), -filed, -fil⋅ing.
to combine two or more similarly arranged sets of items, as cards or documents, into a single file.

Origin:
1945–50; inter- + file




2) What are the requirements in terms of old and new job offers, its compatibility etc.. during this last step, of interfiling?
-------------------when you make a request to Interfile new I-140 with Pending I-485 you make a request to USCIS to approve the Pending I-485 on the base of second I-140 and provide the job offer letter of new employer who filed second I-140. Second I-140 is based on second LC and that LC is the base of second I-140 approval. second LC will have job title and job duties.

Thanks again,
ckinnj
Click to expand...
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