Status of current I-485 upon using AC21

[ManojKumar197]

Hi All,

I filed I-140/I-485 concurrent in July 2003. My I-140 was approved in April 2004. My client company would like to join me as employee to cut down costs as currently I am working as contractor with them. I have two questions:
1. Do I have to wait 180 days after approval of I-140 for using AC21 portability? Or is the limit of 180 days counted from the date of concurrent filing?
2. What happens to my current I-485 application if I use AC21? Do I have to file again or my current application remains intact?
3. Can my current employer has any right to inform USCIS/INS that I am leaving them and ask for cancellation of I-485 application?

Please let me know your advice.
Thanks
Manoj

 

[ginnu]

Hi All,

I filed I-140/I-485 concurrent in July 2003. My I-140 was approved in April 2004. My client company would like to join me as employee to cut down costs as currently I am working as contractor with them. I have two questions:


---Dear BHARAT KUMAR(Manoj Kumar) read below
1. Do I have to wait 180 days after approval of I-140 for using AC21 portability? Or is the limit of 180 days counted from the date of concurrent filing?
---APPROVEDI-140 AND I-485 pending more than 180 days makes you eligible to use AC21, your I-140 is approved and I-485 is pending more than 180 days, you can change employer and can use AC21
2. What happens to my current I-485 application if I use AC21? Do I have to file again or my current application remains intact?
-----you dont have to file I-485 again, it will be pending and once you use AC21 or send new employer letter it will be attached with your pending I-485 file. remember any RFE for I-485 will go to the lawyer who filed I-485. I-485 belongs to YOU not to any employer. you can hire your lawyer and fill up newG28 form and let the new lawyer represent you, if you change your address let your new lawyer also inform your new address on pending I-485
3. Can my current employer has any right to inform USCIS/INS that I am leaving them and ask for cancellation of I-485 application?
------ they can write anything but they cannot revoke your I-140 now(USCIS will not revoke I-140 if it is approved and I-485 pending more than 180 days and you get new same/similar job. FYI I-485 belongs to YOU, no employer can cancell it.

Good Luck!!