What is portable I-485 and EAD

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Bachu01

Registered Users (C)
Hi Gurus,

I am trying to change the company after my I-140 is approved and I have completed 300 days after filling I-485 and also have EAD.

My new company lawyer asking is your I-485 & EAD is portable? If it is not portable I can not switch the company.

This is situation and I have following questions.
1. Can someone help me what is portable I-485 and EAD?
2. Is it will be problem if I switch to new company?
3. How I can check my I485 and EAD is portable or not?

Any help regarding this will be highly appreciated.
 
You have to know under which catergory you filed your I485. For example I know for a fact EB3 catergory (skilled workers) you can change your job once the new job is the same job description. From the question your lawyer asked you it seems that he doesn't have a clue about immigration, my advise would be to get a lawyer who knows what their doing. You wouldn't want him to mess up your case especially when INS starts asking for documents.
 
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As for as EAD is concerned You can work to any employer. There is no question of portability as it is for free employment.

Although AC-21 talks about the Portability of I-485, In real sense Labor is made portable.

In brief i will not worry about all these jargons. Instead just think EAD can be used with any employer.

To use AC-21:
Your I-485 must be pending for more then 180 days and you should have approved I-140.
 
tammy2 said:
To use AC-21:
Your I-485 must be pending for more then 180 days and you should have approved I-140.
Click to expand...

....and to add that, your new job should be same or similar to the one defined in your labor.
 
Thanks guys for excellent help, my labour type is EB3. I will be doing same type of job.
Here are some more questions.
1. My current job title is 'Programmer Analyst' and my new job title will be 'Sr. Support Engineer'. Is it going to create any problem for me?

Please advice.

More expert help will be highly appricated.
 
EB13 and AC21 Eligibility

I am waiting for AOS over 180 days. I was exempted from LC as I was under L1A visa. I wonder I am eligible for AC21. Any thoughts ?. :confused:

I485 EB13
RD Dec 2002
ND Jan 2003
FP Feb 2003
EAD Nov 2003
 
Gurus, Your Comments Please

MrWaiting said:
I am waiting for AOS over 180 days. I was exempted from LC as I was under L1A visa. I wonder I am eligible for AC21. Any thoughts ?. :confused:

I485 EB13
RD Dec 2002
ND Jan 2003
FP Feb 2003
EAD Nov 2003
Click to expand...

Any body who was L1A and waiting for AOS ?
 
Bachu01 said:
Thanks guys for excellent help, my labour type is EB3. I will be doing same type of job.
Here are some more questions.
1. My current job title is 'Programmer Analyst' and my new job title will be 'Sr. Support Engineer'. Is it going to create any problem for me?

Please advice.

More expert help will be highly appricated.
Click to expand...
Job Title may make a difference. Atleast check if the job comes in the same job category as per DOL (www.doleta.gov) If it does not, why not ask your company to give you the same title as your older job. What is in a title?? For INS who does not know the difference between Sr support Engineer and Programmer Analyst, they may seem different. Atleast to a layman the job title itself signifies difference. Sr Support Egr means you are doing support of systems, programmer analyst means either you are programming systems or analyzing systems. OK I know even in support you may program and do analysis .. but INS may not. Why do you want to risk with your 485. My suggestion :-
1. Ask your company to change title.
2. Talk to a competent lawyer.
 
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