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shr9

485J-AC21 Green card processing

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hi there,

I would like to get expert opinion on my Green Card processing.

I work for company B  currently. While i was working for a Company B , I have filed for EB3 Downgraded from Eb2 Status with my previous employer B as my PD was Sep 2011.   At this time I have received EAD and finger  Prints completed.  I-140  and I-485 are pending as the date are not yet current.  I am assuming final filing date may be current in couple of months.  

I would like to see what are my options

  • Can i transfer to current employer without join back to company A?
  • Can i qualify for  AC21 or 485J? If yes are there risks ?
  • it is recommended to join back to the previous employer?

 

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AC21 Green Card portability is available with the I-140 approved and the I-485 pending 180 days. When an I-140 Petition is filed as a downgrade, the beneficiary normally must wait for the I-140 to be approved. While often USCIS can just approve the I-140 without any more questions, it does happen periodically that an RFE will be issued with question from USCIS. If someone does not wait for the approval of the I-140 Petition and the employer does not respond to an RFE or withdraws it before being approved, the I-485 Application will normally be denied by USCIS. 

While there is USCIS guidance on AC21 even when the I-140 is withdrawn, they normally ignore that section of the guidance and deny the I-485 Application.

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Thanks for the details!  my I-140 downgrade is approved now with my previous employer. my case was filed on OC 26 2020 and I-140 approved on August 2021. As you said if there is an RFE It would have caused an issue. I had an RFE and It has been taken care. Very honest and correct suggestion  from your end.  Thanks once again! 

my Current Situation is  I am waiting for Medical RFE to get my GC.  As i understand from above comment I can  submit AC21 now with current employer since 180 days have been passed.   can you please let me know is there any risk of doing this? will there be any questions later or during the transfer?  

Another question I have is ,  if I get GC with my previous employer, should i be stop working for Current employer immediately since i joined on H1B with them?   

 

  

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