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About ibbu_arif

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  1. ibbu_arif

    AC-21 Porting with EB-3 to EB-2 Migration ?

    Appreciate any responses to my final questions...
  2. ibbu_arif

    AC-21 Porting with EB-3 to EB-2 Migration ?

    Hi, I called USCIS and talked to their immigration officer. He confirmed that the latest update on my I-485 is that it is "pre-adjudicated". I asked does this mean my I-485 is upgraded to EB-2 and he confirmed yes, it is in inter-filed already. So it looks like, my I-485 from EB-3 days is inter-filed/linked with EB-2 petition. So my questions (hopefully final one :) ) : a) "When I move to employer B in September 2013, I can just do AC-21 Port in EB-2 category directly and don't have to file a new EB-2 petition.. Is that right ? " b) and my employer doesn't have any right to "revoke" my EB-2 / I-140 . Am I right ? Thanks ibrahim
  3. ibbu_arif

    AC-21 Porting with EB-3 to EB-2 Migration ?

    Thanks Mr.A , I will call into USCIS and try to get the information on my I-485 state.. Did it already get upgraded to EB-2 or not.
  4. ibbu_arif

    AC-21 Porting with EB-3 to EB-2 Migration ?

    Thanks Belle for your detailed answers. I am planning to set up a Phone-Consultation with Murthy Attorney's and come up a exact plan. Please let me allow to summarize what I understand form your responses. a) So my AC-21 will be on EB-3 only since that is what my I-485 was based upon.. Am I right ? (or) Are you saying, since my new petition is EB-2, my I-485 is automatically applied to EB-2 and hence AC-21 can be done on EB-2. (Sorry, I am a bit confused.) b) My PD ( Feb 2006) for EB-2 was never current. EB-2 PERM was filed in August 2012 and EB-2 I-140 was approved in Dec 2012. So, Is my below assumption right then : - Find a job in Company B, do AC-21 porting for my EB-2 petition and when PD becomes current, Interfile my I-485 (from EB-3 days) with EB-2 / I-140 ? c) One concern is would the company A (where I am currently working) have a chance to revoke my EB2-140 (approved in Dec 2012) or would that be invalid since my AC-21 rights already got vested ? Appreciate your response. Thanks Ibrahim
  5. ibbu_arif

    AC-21 Porting with EB-3 to EB-2 Migration ?

    One additional question : e) Can I do the Interfiling myself or using an external lawyer, if my company's attorney is not willing to interfile or not confirming whether he did it or not.
  6. Hello Immigration Gurus, Below is my status. Company A: ================ EB-3 PERM with PD Feb-2006. EB-3 I-140 approved I-485 filed during August 2007 wave. Have EAD and AP. Still with Company A: =================== EB-2 PERM filed in 2012 EB-2 I-140 approved and the PD got ported . (The Lawyer confirmed the my I-140 approval notice has the date of Feb 2006). Not sure if the attorney's "Inter-filed" my I-485 from EB-3 days with the new EB-2 /I140 . They are not giving definite answers. Now Company A is shutting down and they us notice that we will be on Pay-roll until September 2013 only. Now my questions are : ================== a) If I get a job in Company B before September, Considering my attorney already "inter-filed" Can I file for AC-21 only in EB-2 category? (or) Do the AC-21 has to be EB-3 Category ? b) Do I need to re-file the PERM and I-140 in EB-2 again with Company B and once they get approved, Do I need to "inter-file" my I-1485 again with new EB-2 petition from company B ? c) What are the chances that Feb 2006 date becomes current before Sep 2013. Hoping this happens and I don't have to worry about the porting etc., d) What happens if my PD becomes current in first week of September and I am out of Job by end of September 2013 and I didn't yet find a job in Company B ? Would that create a situation where the USCIS start processing my I-1485 with company A and by the time they make a decision, I am out of Job and it prompts USCIS to deny the GC? Thanks Ibrahim