Job change before 180 days and AC21 portabilty

[can_card]

I was reading the Q10 of the recent AC21 memo. It says that I-485 should not be denied, if any one port the job before 180 days of 485 pending, as GC is for the future job. As per this, one can change the job before 180 days of pending of 485. However most people are saying that to invoke AC21, the 485 should be pending for more than 180 days. This is little confusing.

What will be situation if one change the job or layoffed before 180 days of 485 pending?

Gurus Ginnu, others thro some light..

 

[ginnu]

I was reading the Q10 of the recent AC21 memo. It says that I-485 should not be denied, if any one port the job before 180 days of 485 pending, as GC is for the future job. As per this, one can change the job before 180 days of pending of 485. However most people are saying that to invoke AC21, the 485 should be pending for more than 180 days.
-------------------- it is better to change AFTER I-140 approved and I-485 pending more than 180 days
This is little confusing.

What will be situation if one change the job or layoffed before 180 days of 485 pending?
---------------------------- if the employer does NOT revoke approved I-140 then one can be safe, if employer Revokes the approved I-140 before your I-485 is NOT pending more than 180 days you may not be eligible to use AC21.
Gurus Ginnu, others thro some light..
----------- I dont know your full case details of I-140 and I-485

 

[Nonsy]

Hello,
It is not necessary you should have 180 days to apply AC21. The sponsor should have intension to hire when they file your I140. As Ginnu said, If you have 180 days, you will not have any problems. Don't worry. Everything will be allright.

 

[can_card]

Hello,
It is not necessary you should have 180 days to apply AC21. The sponsor should have intension to hire when they file your I140. As Ginnu said, If you have 180 days, you will not have any problems. Don't worry. Everything will be allright.

Thanks Guys.
Both myself and my GC sponsering employer has the intension to maintain the employment relationship. I am currently working for them. I have been employed with them from last three years. My only worry is if any layoff before 180 days of my 485 pending. My concurrantly applied 140/485 is pending for just 2 months, though Lc was applied long time ago.

I just want to know in case any thing happens before 180 days. I hope and confident that they may not withdraw my I-140. Good thing is, NSC just processed my I-140 in one month and issued a simple RFE. We have just replied. Therefore, I hope my 140 may get approved soon.

In this situation, what is my option if something happens before 180 days?

 

[ginnu]

Thanks Guys.
Both myself and my GC sponsering employer has the intension to maintain the employment relationship. I am currently working for them. I have been employed with them from last three years.
My only worry is if any layoff before 180 days of my 485 pending.
---------------- if I-140 gets approved and they dont revoke the I-140 for 180 days while I-485 is pending then you are safe. if they revoke I-140 before your I-485 is pending less than 180 days then problems. GC is for FUTURE Job after I-485 gets approved
My concurrantly applied 140/485 is pending for just 2 months, though Lc was applied long time ago.
------------ pray that I-140 gets approved and employer does not revoke I-140 after it get approved before I-485 pending more than 180 days
I just want to know in case any thing happens before 180 days. I hope and confident that they may not withdraw my I-140. Good thing is, NSC just processed my I-140 in one month and issued a simple RFE. We have just replied. Therefore, I hope my 140 may get approved soon.

In this situation, what is my option if something happens before 180 days?
------read above

 

[spinus]

AC21 Que

Can you please advise me in the following situation:
I filed for I-140 and I-485 concurrently on March 29 2005.
My I-140 is approved and I haven't completed 180 days since filing of I-485.
Am I eligible to switch the employers at this point? If eligible, what are the risks involved in it?

According to Mr Yates Memom on AC 21 published on may 12, 2005, Section I Question 10, does it mean
if my I-140 is approved,I don't have to wait to complete 180 days since filing of I-140/I-1485 to
switch employers?

I would really appreciate if you could provide me with any suggestions.

Thanks in advance,
SPinUS

 

[ginnu]

Can you please advise me in the following situation:
I filed for I-140 and I-485 concurrently on March 29 2005.

My I-140 is approved and I haven't completed 180 days since filing of I-485.
Am I eligible to switch the employers at this point?
-----------------------NO
If eligible, what are the risks involved in it?

According to Mr Yates Memom on AC 21 published on may 12, 2005, Section I Question 10, does it mean
if my I-140 is approved,I don't have to wait to complete 180 days since filing of I-140/I-1485 to
switch employers?

I would really appreciate if you could provide me with any suggestions.

Thanks in advance,
SPinUS

 

[abu2003]

Please advice - unique AC21 situation

gurus/ginnu,

My situation is as follows:

1. Company A sponsored my GC. When 140 and 485 was pending for 3 months, I transferred my H1 to company B because of financial instability. After couple of weeks I joined company B, my 140 got approved. I have good relationship with company A and they wont revoke my 140.
Now, my question is, can company B apply for AC21 for me after 2 months (when my 485 with company A will be pending for more than 180 days) and continue with the green card process. Please note I am already working for company B and joined them before the 180 days period.
What are the risks involved. Please advise.

Thanks,
abu2003

 

[ginnu]

gurus/ginnu,

My situation is as follows:

1. Company A sponsored my GC. When 140 and 485 was pending for 3 months, I transferred my H1 to company B because of financial instability. After couple of weeks I joined company B, my 140 got approved. I have good relationship with company A and they wont revoke my 140.
-----------make sure they dont revoke
Now, my question is, can company B apply for AC21 for me after 2 months (when my 485 with company A will be pending for more than 180 days) and continue with the green card process.
---------- company B has nothing to apply. You have to get permanent job offer letter from B and then invoke AC21, invoke AC21 the day your I-485 hits 180 days
Please note I am already working for company B and joined them before the 180 days period.
---------no problem
What are the risks involved. Please advise.

Thanks,
abu2003

 

[abu2003]

hi ginnu

ginnu,
Thank u very much for your reply. Have you heard/come across in the forum of anyone similar to my case being approved/denied.
What happens after I invoke AC21?
1. will I get any confirmation/recipt saying that it is ok for me to continue the old green card process (OR) god forbid, if they dont accept it because I joined before 180 days, will I again get any notification.
2. if I invoke AC21, will the EAD/AP from my previous company still valid. Can the dependant start working(she got her EAD too). Can I use the AP for travel purposes.

Please advice.

Thanks,
abu2003

 

[ginnu]

ginnu,
Thank u very much for your reply. Have you heard/come across in the forum of anyone similar to my case being approved/denied.
What happens after I invoke AC21?
1. will I get any confirmation/recipt saying that it is ok for me to continue the old green card process
---------------- when you request to invoke AC21 you dont get any reciept from USCIS. your new job offer letter from new employer is attached with your pending I-485 file

(OR) god forbid, if they dont accept it because I joined before 180 days, will I again get any notification.
2. if I invoke AC21, will the EAD/AP from my previous company still valid.
-------------- yes
Can the dependant start working(she got her EAD too).
------------ yes
Can I use the AP for travel purposes.
------------- Yes
Please advice.

Thanks,
abu2003