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engineering

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Hi All,

This is my case details:

I had 140 approved on Oct 2004
My I-485 is pending for approval for more than 2 yrs
My finger printing completed on Mar 2005
I have my valid EAD and AP

I joined new Employer using H1 transfer this month. I need to file for AR-11 as I changed the city and state with the new Job.

I moved from Connecticut to texas

The question I have is:

Since I used H1 to join the new employer does AC21 need to applied as well

Please advice
 
Unless you want to re-do LC and 140 I think you need to use AC-21.
If you don't use AC-21, you'll have to go thru the whole process of LC and 140 again. But you will still be able to keep your original PD.
Remember, most of us give opinions, not professional advise.
Talk to your lawyer.

Disclaimer: I'm a layperson without any legal training. I also haven't stayed at a Holiday Inn last night.
 
engineering said:
Hi All,

This is my case details:

I had 140 approved on Oct 2004
My I-485 is pending for approval for more than 2 yrs
My finger printing completed on Mar 2005
I have my valid EAD and AP

I joined new Employer using H1 transfer this month.

I need to file for AR-11 as I changed the city and state with the new Job.
---YES
***1 file form AR11 for address change ( it will not chage you address on pending petitions with USCIS)
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your pending I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485 letter need to be signed by spouse with date and reciept# of pending petitions) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover letter so that you get fingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application).
4 if want to use AC21 THEN if the past company lawyer filed I-485 then better change your lawyer and fill up new G28 with your new lawyer and he can update USCIS that he represent you and can mail form G28 to sevice center, he can also make a request to chage your New address on Pending I-485 and he will get if any RFE, if you dont change any RFE or Finger print notice will go to past lawyer
*** do the all 1,2,3,4
** keep the copy of any document sent to USCIS
I moved from Connecticut to texas

The question I have is:

Since I used H1 to join the new employer does AC21 need to applied as well
---------- you also need to invoke AC21 with pending I-485
Please advice
Click to expand...
 
LC PD and AC21-Ginnu, Please help

Citizenship: India
Category: EB3


My situation is probably relevant to many, given the severe retrogression we face for employment based EB3.

My 140 is approved and I have a 485 filed with USCIS and is pending for over one year due to Visa number unavailability. I am in EB3 category from India. My title in the labor application is "Software Engineer"
and the employer I work for is based in CA. I continue to work using my H1 even though I keep valid EAD and AP.

1) Even though I have completed 180 days after my 485 has been pending and have an approved 140, there is talk that if an employer revokes the 140 and uses the labor for someone else, then I have no priority date. IS this true ? If yes, will I have an issue when my EAD comes up for renewal next year? If this is the case, what good is the AC 21 portability in general ? CAn employer revoke 140. If yes, is it true that we loose PD ? What are the timing issues and nuances ?

2)Assume the new employer will give me the same title as in my labor, but the salary might be significantly more, say by 20K,will this cause an issue for USCIS at the time of adjudication?

My main concern with AC21 is the loss of PD if the old employer revokes 140. Can you please clarify on that ?

Thank You.
 
willgetgc2005 said:
Citizenship: India
Category: EB3


My situation is probably relevant to many, given the severe retrogression we face for employment based EB3.

My 140 is approved and I have a 485 filed with USCIS and is pending for over one year due to Visa number unavailability. I am in EB3 category from India. My title in the labor application is "Software Engineer"
and the employer I work for is based in CA. I continue to work using my H1 even though I keep valid EAD and AP.
---------------H1 is good back up plan
1) Even though I have completed 180 days after my 485 has been pending and have an approved 140, there is talk that if an employer revokes the 140 and uses the labor for someone else, then I have no priority date. IS this true ? If yes, will I have an issue when my EAD comes up for renewal next year? If this is the case, what good is the AC 21 portability in general ? CAn employer revoke 140. If yes, is it true that we loose PD ? What are the timing issues and nuances ?
--------------- you will not loose PD if employer tries to revoke approved I-140 and you are eligible to use AC21, you will get your EAD AP based on pending I-485 and AC21 protects you even if past employer tries to revoke the I-140
2)Assume the new employer will give me the same title as in my labor, but the salary might be significantly more, say by 20K,will this cause an issue for USCIS at the time of adjudication?
----------- they only look at same/similar job duties and I have not read any case rejected due to salary increase
My main concern with AC21 is the loss of PD if the old employer revokes 140. Can you please clarify on that ?
---------------- you will not losse PD, relax!! and invoke AC21 and keep the copy of documents that you send to USCIS to invoke AC21 and evidence that you sent
Thank You.
Click to expand...
 
Thanks Ginnu for your help


1) If the employer revokes 140 and then uses the underlying labor for another employee, by the time, my 485 comes up for adjudication, do I still carry the PD ?


2) Can you point me to INS verbage that says even if 140 is revoked by previous employee, we retain the PD. I came across this on murthy.com. What are your thoughts. Is there new memo or something that supsersedes what is mantioned below?



Question 6 : If I change my job, I am afraid my employer will "do something" to end my immigration case. Am I in danger? TOP

Perhaps. While your I-485 is your own application and the employer cannot withdraw it, the entire application rests on the I-140, which is the employer's application. Under previous law, the employer controlled the I-140 throughout the process. Withdrawal of the I-140 meant denial of the I-485. This matter has not been addressed under AC21. While it seems that the employer should lose control of the I-140 after 180 days in order to make AC21 fully effective, thi
 
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