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Attorney_22

AC21 Portability

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This week, Murthy Law Firm attorneys will answer questions regarding AC21 portability issues.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

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I am working for employer "A" which has two office location in West Coast and East Coast, My Perm, I-140 has been filed and approved from East coast location. There are job openings with my current employer "A" in West Coast location with same Job title and job responsibility I am currently working in East Coast Location. Can you please clarify below points.

1. If I move from East coast to West coast, as there is change of work location with same employer "A" do I need to file AC21.?

2. Do I need to file 485J again for West Location along with AC21.?  I have already filed 485J for East Coast Location.

3. With in how many days I need to inform USCIS about my change of Job location (AC21).

4. Is AC21 replaced with 485J.? or both same.

 

Thank you.

RNP.

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I got my GC EAD in 2015. After 8 months, I moved to new employer using EVL since there was no 485j at that time.

Few months ago, I got 485j RFE and it's approved after attorney response.

Current date is 4 weeks behind to my priority date. I planning to change employer again now.

Is it OK to change employer now using new 485j? Do you see any complexity with this?

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Hi,

My GC is filed under EB-1 C Category with multinational manager duties. I currently have both EAD & L1-A visa.

My GC interview was completed last October waiting for priority date to become current. It might become current around Jan 2020.

  1. Can i change company on EAD?
  2. Do we need to inform USCIS about job change through AC21?
  3. what happens if new company  files AC 21 with some other job duties?

Thanks!!

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On 3/7/2019 at 9:29 PM, RNP2799 said:

 

I am working for employer "A" which has two office location in West Coast and East Coast, My Perm, I-140 has been filed and approved from East coast location. There are job openings with my current employer "A" in West Coast location with same Job title and job responsibility I am currently working in East Coast Location. Can you please clarify below points.

1. If I move from East coast to West coast, as there is change of work location with same employer "A" do I need to file AC21.?

2. Do I need to file 485J again for West Location along with AC21.?  I have already filed 485J for East Coast Location.

3. With in how many days I need to inform USCIS about my change of Job location (AC21).

4. Is AC21 replaced with 485J.? or both same.

 

Thank you.

RNP.

Your flexibility depends on how the labor certification was prepared and/or if you have a pending AOS. If you have a pending AOS you may be able to utilize AC21. It is advisable to discuss your specific circumstance directly with a U.S. immigration attorney. 

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On 3/8/2019 at 12:10 PM, Athadu_hello said:

I got my GC EAD in 2015. After 8 months, I moved to new employer using EVL since there was no 485j at that time.

Few months ago, I got 485j RFE and it's approved after attorney response.

Current date is 4 weeks behind to my priority date. I planning to change employer again now.

Is it OK to change employer now using new 485j? Do you see any complexity with this?

It is permissible to utilize AC21 multiple times. 

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On 3/8/2019 at 1:57 PM, Pra112 said:

Hi,

My GC is filed under EB-1 C Category with multinational manager duties. I currently have both EAD & L1-A visa.

My GC interview was completed last October waiting for priority date to become current. It might become current around Jan 2020.

  1. Can i change company on EAD?
  2. Do we need to inform USCIS about job change through AC21?
  3. what happens if new company  files AC 21 with some other job duties?

Thanks!!

You can utilize an EAD to change employers, however filing an AC21 notification to USCIS is still not required unless specifically requested by USCIS (such as an RFE). Before making any changes it is advisable to confirm the new position is same/similar as required for AC21.  

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