UNITED NATIONS and others..WHEN AC-21???

R

rtinkam

Registered Users (C)
UN and others:

I have a question on the portability under AC-21. We all know we can port once I-140 gets approved & 180 days after I-485 into similar job.

Some one with priority date of March-2003 filed I-140 & I-485 in vermont in December-2004 under EB-3 category and his I-140 got approved recently about one week ago. His employer is a pain and the employer revokes
his I-140 NOW after its approval while I-485 is pending for only about 110 days(NOT 180 days yet). This is not a substitution case. He is the original beneficiary. Please answer the following:

1.What will happen to his GREEN CARD?
2.Can he get the greencard or not?
3.If the employer revokes his I-140 after its approval will I-485/EAD/AP all would get invalid especially if I-485 is less than 180 days when the employee can not use AC-21?

thanks. please share your experiences.
 
rtinkam said:
UN and others:

I have a question on the portability under AC-21. We all know we can port once I-140 gets approved & 180 days after I-485 into similar job.

Some one with priority date of March-2003 filed I-140 & I-485 in vermont in December-2004 under EB-3 category and his I-140 got approved recently about one week ago. His employer is a pain and the employer revokes
his I-140 NOW after its approval while I-485 is pending for only about 110 days(NOT 180 days yet). This is not a substitution case. He is the original beneficiary. Please answer the following:

1.What will happen to his GREEN CARD?
2.Can he get the greencard or not?
3.If the employer revokes his I-140 after its approval will I-485/EAD/AP all would get invalid especially if I-485 is less than 180 days when the employee can not use AC-21?

thanks. please share your experiences.
Click to expand...

For any reason if the employer writes to USCIS before 180 days there is very little chance he will get GC. That little chance is his luck and USCIS error.

However may be employer, he has to go with him until 180 days point.
Just curious why employer is doing that?
 
Hi UNITED NATIONS:

Thanks a lot for the prompt and detailed answer which is crystal clear. This forum is lucky to have you here. You are very knowledgeble on all these issues. Please clarify the following:



1. Say if this employee pulls on with the same employer some how upto the 180 days point will the SECURITY on the greencard comes automatically? or does the employee need to file AC-21 to CIS for sure?

2.What if the employer revokes I-140 on 181st day from the time of I-485 filing? Can the employee still get the greencard? (OR) whether or not employee filed the AC-21 prior to employer's request for revoking would be an issue even if both of these happen after 180 days?

3.How do the 180 day counting begin from? INS got the concurrent file on December-03-2004 by fedex but put the received date as Dec-13-2004 on notice of action.

4.One personal question to your PM. Please reply to my PM.
 
UNITED NATIONS:

Thanks on the answers. Yes you are correct it was my mistake in reading the notice of action. The notice says received date as Dec-03-2004 and notice date as Dec-13-2004. This is also true for notice of action for EAD.
The funny thing is on the CIS status check voice # 800-375-5283 it says your application for reg permanent ....blaw...blaw on Dec-13-2004 for both I-485 and EAD. Does this needs to be fixed?

Also the counting for EAD from the local INS office after 90 days should begin from received date not the notice date. I am applying the same logic you told me for AC-21. Am I correct on this?
 
UNITED NATIONS:

some addition for my earlier posting,

The funny thing is on the CIS status check voice # 800-375-5283 it says your application for reg permanent ....blaw...blaw was received on on Dec-13-2004 for both I-485 and EAD. Does this needs to be fixed?
 
need some suggestion.

Hi friends,

I have some confusion please help me to solve. Well I laid off from company A just after 2 days of my I140 approval and pending I485(more than 180 days). I had another H1B with another company. I joined them but after few days , less than one month after joing of company B got a permanent job offer from company C. It's a totally startup company. They are not going to support my GC and only thing they can give me is EVL. And I have to join them with EAD. In company C my job is totaly similer as LC but position name is Sr. and different and salary 20% more than LC.

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?

Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?

It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?

Please reply.
Thanks.
sd70
 
unitednations said:
it is well established that the 1800 and on-line information incorrectly state the notice date as the receive date.
Click to expand...
For that matter even immigration officers refers to ND as RD. Someone who went to meet the officer at the interview told me this.
 
sd70 said:
Hi friends,

I have some confusion please help me to solve. Well I laid off from company A just after 2 days of my I140 approval and pending I485(more than 180 days). I had another H1B with another company. I joined them but after few days , less than one month after joing of company B got a permanent job offer from company C. It's a totally startup company. They are not going to support my GC and only thing they can give me is EVL. And I have to join them with EAD. In company C my job is totaly similer as LC but position name is Sr. and different and salary 20% more than LC.

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?

Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?

It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?

Please reply.
Thanks.
sd70
Click to expand...

I do not see any problem. Do not worry about Company B. Just send the EVL from C.

You can change n number of times. Send EVL all n number of times once you have attained the eligibility for AC-21
 
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