Special portability case

S

sharpieterk

Registered Users (C)
Hi,
I am trying to use the portability law for my case and was wondering if you guys could help me out here. Here is the background info...

1. I used to work for company A. Left Company A to join Company B.
2. While working for Company B, used Company A's approved labor to file for I140/I485 concurrent filing while indicating on forms that current employer is B.
3. After having received the receipt date for I140/I-131/I-765/I-485, left company B to join Company C on an H1 transfer.
4. I now have an approved I-140/EAD/finger printing but waiting on 485.

180 days have not passed yet. Here is my problem...

Q1. Do I wait for 180 days to pass before I inform INS about my employer change ?
Q2. Do I inform INS right now about employer change?
Q3. Do I even need to inform INS about employer change?

I do not want to inform INS about employer change because if I get laid off now, I can always go back to Employer A. I am getting mixed answers from 2 lawyers.

What are my options here ?

Any help is appreciated.

thanks,
sharpie
 
Last edited by a moderator:
Never Heard of using labor which was approved for comapny A and can be used for company B unless company B takes over company A and cmpany B files 140 with amendmend.

Regarding job change u hv to wait 180 days before u inform INs.
 
Last edited by a moderator:
then u have to wait fr 180 days to pass before you inform the INS regarding your change of intent and use od AC21.
 
sharpieterk,

A1. It's better not to change employer. If you still have to, and also want to notify, then it's better to notify after 180 days.
A2. No
A3. You need not.

My case is similar to yours and I've done a lot of research. Here is what I found.
1. As your case is filed for a future job, you will most likely get a RFE or interview. In that case you may have to convince that you will certainly join the sponsor after the approval.
2. Till more details come from INS about AC21, it remains unknown how portability is applicable for a future job.
3. The best thing one should do when a GC is for a future job, is to join the sponsor as soon as one gets the EAD.

So if you join company C and you get a RFE, you have to convince that you will join the sponsor after approval. How to convince, is not something I know. An attorney will be able to tell you that!

Hope this helps.
 
Change of Intend

All,

Change of Intend can be submitted, in case when one doesnot want to join sponsoring company...how & when need to ask attorney

-Rama
 
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