portability questions

R

ramshar

Registered Users (C)
Completed more than 540 days since 485 filing in VSC and I-140 approved.....

1) if i work for another company without ac21 using EAD and what is expected from the old company and the new company ...

2) Similarily if in the above case if there is RFE for Employment verfication , then who shd provide the letter ( New or old )

3) If there is no RFE , and if it is straightforward approval using letter, then do we require any employer letter . If letter reqd which company shd give letter...

4) IN THE CASE OF straight approval , do we still need to carry any docs for stamping....
 
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Completed more than 540 days since 485 filing in VSC.
----- I hope your I-140 is approved if yes then read below:

1) if i work for another company without ac21 and what is expected from the old company and the new company ...
------ If you start working for new Company By H1 transfer then you just need to Inform USCIS that you have joined new employer. Remember in this H1 transfer Scenario no SAME/ SMILAR job with new employer needed as you will be on H1 and then for the FUTURE Permanent job offer you have to provide a letter from your employer that they offer you the same job as on pat approved LC (title may be different but skills should be same as on approved LC)
---- if you join by EAD then better send the letter to USCIS that your job is same/similar and Future job offer letter should also mention the same skills as on past approved LC, you can inform now or when you get RFE, it is better to inform new as your case is near to approval from VSC because I read that VSC has sent may I-485 files to local USCIS offices for interview. If this happens with your file then you can provide new employer letter for Future job “ offer” letter at the time of interview


2) Similarily if in the above case if there is RFE for Employment verfication , then who shd provide the letter ( New or old )
----- if you are working with new employer with EAD then you need to provide letter from New employer because you intend to work with him after GC, if you are on H1 with new employer and want to work with employer who filed your LC and I-140 then you need to provide his letter if you intend to work with him after GC or I-485 approval
3) If there is no RFE , and if it is straightforward approval using letter, then do we require any employer letter . If letter reqd which company shd give letter...

------ if no RFE and you don’t update the USCIS then if your I-485 gets approved then you have to work with the original Sponsor of GC after getting the GC or GC stamp
4) IN THE CASE OF straight approval , do we still need to carry any docs for stamping....
----- You need like W-2, recent employer letter, recent pay stubs, 3 years Tax filing, all EAD, I-94 even if expired, your DL
 
Ginnu,

Please reply with ref to 1) i-140 approved and intend to work with EAD only....


Originally posted by ginnu
Completed more than 540 days since 485 filing in VSC.
----- I hope your I-140 is approved if yes then read below: ( Pl

1) if i work for another company without ac21 and what is expected from the old company and the new company ...
------ If you start working for new Company By H1 transfer then you just need to Inform USCIS that you have joined new employer. Remember in this H1 transfer Scenario no SAME/ SMILAR job with new employer needed as you will be on H1 and then for the FUTURE Permanent job offer you have to provide a letter from your employer that they offer you the same job as on pat approved LC (title may be different but skills should be same as on approved LC)
---- if you join by EAD then better send the letter to USCIS that your job is same/similar and Future job offer letter should also mention the same skills as on past approved LC, you can inform now or when you get RFE, it is better to inform new as your case is near to approval from VSC because I read that VSC has sent may I-485 files to local USCIS offices for interview. If this happens with your file then you can provide new employer letter for Future job “ offer” letter at the time of interview


2) Similarily if in the above case if there is RFE for Employment verfication , then who shd provide the letter ( New or old )
----- if you are working with new employer with EAD then you need to provide letter from New employer because you intend to work with him after GC, if you are on H1 with new employer and want to work with employer who filed your LC and I-140 then you need to provide his letter if you intend to work with him after GC or I-485 approval
3) If there is no RFE , and if it is straightforward approval using letter, then do we require any employer letter . If letter reqd which company shd give letter...

------ if no RFE and you don’t update the USCIS then if your I-485 gets approved then you have to work with the original Sponsor of GC after getting the GC or GC stamp
4) IN THE CASE OF straight approval , do we still need to carry any docs for stamping....
----- You need like W-2, recent employer letter, recent pay stubs, 3 years Tax filing, all EAD, I-94 even if expired, your DL
Click to expand...
 
Please reply with ref to 1) i-140 approved and intend to work with EAD only
------ You should join new employer in same/ similar job should update the service that your Intent has changed and would like to work with new employer XYZ and would like to use AC21 and send future job offer from new employer. Past employer has nothing to do now. You should always keep Valid EAD to work and apply EAD renewal 5-6 months advance

*** it is better to keep copy of approved LC approved I-140 and I-485 filing receipt with you. LC copy particularly Form ETA750A will help your new employer/lawyer to write the same skills on letter for future job offer after GC approval
 
ac21 letter

Ginnu,

do i need legal assistance at all for ac21 and is there a standard format for ac21 letter.

Another thing i also heard from another lawyer that there is no need to intimate INS of any change of Job as far as the new job is similar in nature.....

So if you join new employer on ead without ac21 , then what are the risks...
 
ac21 letter
Ginnu,

do I need legal assistance at all for ac21 and is there a standard format for ac21 letter.
----- It is better if Lawyers prepare the new future job offer and attach your Intent change letter, standard no format.
From you it can be:
XYZ Service center
RE: Intent change to join new Employer
Dear Sir/Madam
I have pending I-485#XXXXXXX with you and my A# isYYYYYYYY that is based on employer ABC approved I-140 and I would like to work in same/similar future job after my I-485 approval with new Employer CCCCCCCC and I request you invoke AC21 and please approve my pending I-485 for new employer CCCCCCCC. I have enclosed pending I-1485 receipt and my new employer letter for future Permanent job offer letter
Your name, signature, address

Another thing I also heard from another lawyer that there is no need to intimate INS of any change of Job as far as the new job is similar in nature.....
------- Different lawyer have different opinion, many advice to wait for RFE so that they can reply what is asked because RFE reply will be definitely attached with your file and some time they never attach if you send letter with out RFE to your file, The problem comes if they approve I-485 and you did not inform them about intent change/employer change if that happens then your are supposed to work after GC with original employer who filed LC and I-140. I would send a letter in advance to be safe
So if you join new employer on ead without ac21 , then what are the risks...
------- you can join new employer in same/similar job if I-140 approved and I-485 pending more than 180 days with EAD or with H1 transfer. I don’t see any risk because I will go my AC21 august 4,2003 Memo:
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
 
ac21 letter supporting docs

Hi ginnu ,

1) Aprt from the docs mentioned below, do i need to furnish anything else with ac21 letter

2) what about my spouse 485 receipt details shd that be mentioned or not....

Thanks




Originally posted by ginnu
ac21 letter
Ginnu,

do I need legal assistance at all for ac21 and is there a standard format for ac21 letter.
----- It is better if Lawyers prepare the new future job offer and attach your Intent change letter, standard no format.
From you it can be:
XYZ Service center
RE: Intent change to join new Employer
Dear Sir/Madam
I have pending I-485#XXXXXXX with you and my A# isYYYYYYYY that is based on employer ABC approved I-140 and I would like to work in same/similar future job after my I-485 approval with new Employer CCCCCCCC and I request you invoke AC21 and please approve my pending I-485 for new employer CCCCCCCC. I have enclosed pending I-1485 receipt and my new employer letter for future Permanent job offer letter
Your name, signature, address

Another thing I also heard from another lawyer that there is no need to intimate INS of any change of Job as far as the new job is similar in nature.....
------- Different lawyer have different opinion, many advice to wait for RFE so that they can reply what is asked because RFE reply will be definitely attached with your file and some time they never attach if you send letter with out RFE to your file, The problem comes if they approve I-485 and you did not inform them about intent change/employer change if that happens then your are supposed to work after GC with original employer who filed LC and I-140. I would send a letter in advance to be safe
So if you join new employer on ead without ac21 , then what are the risks...
------- you can join new employer in same/similar job if I-140 approved and I-485 pending more than 180 days with EAD or with H1 transfer. I don’t see any risk because I will go my AC21 august 4,2003 Memo:
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
Click to expand...
:)
 
1) Apart from the docs mentioned below, do i need to furnish anything else with ac21 letter

Letter from YOU and letter from your employer you can also attach the MEMO and in the letter can mention that according to AC21 MEMO august 4,2003 under 106(c) of AC 21 you want to use portability, pick up the lines from MEMO and complete the letter, if you need that the letter you prepared is Ok or just want us to read you can post it many will correct it or will let you know what to add or what not to add.
2) what about my spouse 485 receipt details shd that be mentioned or not....
--- I hope you filed your spouse I-485 when you filed I-485 if that is true then her I-485 is in your file and she has nothing to submit, as her I-485 is derivative and will be processed with your I-485
 
Can I use AC21 Law to change Employer, after 180 days from the Notice Date, but without getting I-140 Approval, with the help of my current sponsor? Sponsor will take care of any RFE, if comes.

Thanks,
naanshi.
 
ac21 portability

Ac21 portability is valid only after i-140 approval....... But i think you can still work for any employer usign ead if old employer is not able to find you projects and he is ok with you working with other company ..

In other words he shd not file for your i-140 revocation as i-140 is till pending ....
 
Re: ac21 portability

Originally posted by ramshar
Ac21 portability is valid only after i-140 approval....... But i think you can still work for any employer usign ead if old employer is not able to find you projects and he is ok with you working with other company ..

In other words he shd not file for your i-140 revocation as i-140 is till pending ....
Click to expand...

That does not sound very 'sound'.

The situation is

1. I140 not approved
2. You want to change employer and work using EAD
3. You want your prev. employer to continue I140 processing

Options

- I dont think this is allowed under AC21

- With EAD (with or without I140 approved??), you may work
multiple jobs. However you cannot leave the original employer
before I140 approved & 180 days passed from I485 RD

If you are leaving your original employer to take a new job,
you may need new H1.

- If the original employer is willing to offer you a future job,
he may be able to continue the original I140 processsing.



________________________________________________
************************************************
I am no lawyer, so take all this with half a pound of Salt
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SVengat,

I believe that ramshar is correct. The risk is if the old company withdraws I-140 before approval or I-485 pending less that 180 days. If the old company is supportive and willing to answer any RFE that may come. I do not see where the problem will come.

It is not recommended to do so, however most of time there is no other choice and it is also difficult to let old company to reply RFE after you left.
 
Originally posted by lisansw
SVengat,

I believe that ramshar is correct. The risk is if the old company withdraws I-140 before approval or I-485 pending less that 180 days. If the old company is supportive and willing to answer any RFE that may come. I do not see where the problem will come.

It is not recommended to do so, however most of time there is no other choice and it is also difficult to let old company to reply RFE after you left.
Click to expand...

Well, there are a lot of things you can do. Some of them legal,
some not. Some of them bondary-conditions, some not. It is
okay to take some risks. However, if you do not plan for the
worst-case scenario, you may actually be facing it.

1. In this case we are discussing, he cannot be using AC21

2. Unless the original employer and employee show intent
for future employment, I dont think the original employer
can continue with I140 processing.

- I know one can work multiple jobs with EAD. In cases where
AC21 cannot be used, one of those jobs will have to be with
the original employer.

3. If the old employer is not able to find projects, he has
no reason to continue processing. That is the CIS position.
If the employee is able to find a project, may be he can
convince the employers to work a corp-to-corp / sub-contracting
arrangement and stay in the pay-roll of the original employer.

4. It is difficult to get the old employee to reply all RFEs in time.
Even if he is willing to do so, what about pay-stubs? Employee
is not eligible for AC21, that means he has to be with the
originalemployer and paystubs from the original employer may
be required. Unless the original and new employers are willing
to provide all not-so-real documentary support, the employee is
going to be in trouble in worse-to-worst case scenarios.





__________________________________________________
**************************************************
I am not your lawyer, so take all this with half a pound of Salt
**************************************************
 
2. Unless the original employer and employee show intent
for future employment, I dont think the original employer
can continue with I140 processing.
**** When the original employer filed I-140 employer showed the intent to hire employee for the Future job, employee can continue I-140 even if you are not working with him, GC is for Future job
- I know one can work multiple jobs with EAD. In cases where
AC21 cannot be used, one of those jobs will have to be with
the original employer.
--------- If one is working with EAD with multiple employer then he should have SAME/SIMILAR job offer from the employer where he is working full time job and should provide the future job offer letter if want to use AC21( I-140 approved AND I-485 pending more than 180 days. GC is for future job one can work or can not be working with the Sponsor who filed I-140
3. If the old employer is not able to find projects, he has
no reason to continue processing. That is the CIS position.

-------- He can join other employer and find a same similar job once I-140 gets approved and I-485 pending can invoke AC21 and send new employer job offer letter

4. It is difficult to get the old employee to reply all RFEs in time.
Even if he is willing to do so, what about pay-stubs?

------- If the employer who is cooperative and filed I-140 can reply to RFE, no need of pay stubs, USCIS is interested in company financial documents so that USCIS can judge if the company is able to pay the wages as on approved LC or the eligibility of candidate, one is not required to work for the employer who filed I-140, LC and I-140 are for future job after I-485 or GC is approved. One can file I-140 through company A and at the same time may be working with B

Try to read the complete AC21 MEMO, read it, understand it then post the reply please don’t give wrong opinion or who want to need recent info about AC21 MEMO should take the print out and read the complete AC21 MEMO

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
 
Re: Re: ac21 portability

Svengat:


The very purpose of issuing ead after 140 and 485 both are filed togather is have the ability to work without a H1. Other wise there is no need of issuing ead if you cannot work for any other company. ead maintains your status and in H1 you can be out of status with no projects /job , with a 10 day grace period.





Originally posted by SVengat
That does not sound very 'sound'.

The situation is

1. I140 not approved

2. You want to change employer and work using EAD
3. You want your prev. employer to continue I140 processing

Options

- I dont think this is allowed under AC21

*** we are not talking of ac21 here ac21 is valid after 140 approval.

- With EAD (with or without I140 approved??), you may work
multiple jobs. However you cannot leave the original employer
before I140 approved & 180 days passed from I485 RD.

**** even if you work for other employer , that does not mean you have left sponsor employer as you will still have future intent of going back to work....

If you are leaving your original employer to take a new job,
you may need new H1.

*** Not true if this is true there is no purpose of applying 140 and 485 togather and still issuing EAD. what do we with EAD????


- If the original employer is willing to offer you a future job,
he may be able to continue the original I140 processsing.

*** if you are in good standing with old employer , then there is no reason that he will revoke your application as long as there is future intent to work with him.....

________________________________________________
************************************************
I am no lawyer, so take all this with half a pound of Salt
************************************************
----------------------------------------------------------------------------
Click to expand...
 
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