AC21 portability

[Attorney_22]

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

 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.

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[sundara2000]

I am on L1-A and my I-140 and I-485 were applied concurrently in Jan 2017 under EB1-C. I-140 has not been approved yet and consequently, I-485 too. It is past 180 days.

I would like to switch jobs and here are my questions:

a. Is it wise to switch while I-140 is pending?

b. Assuming I wait for I-140 approval,  Is it wise to start one's own consulting business in the same area for which I-140 has been applied for or would you advise to take up a job in the same area until the GC is approved and arrives?

c. Is it wise to take a break between I=140 approval and I-485 approval? 

Regards,

 

[Attorney_22]

On 7/28/2017 at 3:16 PM, sundara2000 said:

I am on L1-A and my I-140 and I-485 were applied concurrently in Jan 2017 under EB1-C. I-140 has not been approved yet and consequently, I-485 too. It is past 180 days.

I would like to switch jobs and here are my questions:

a. Is it wise to switch while I-140 is pending?

b. Assuming I wait for I-140 approval,  Is it wise to start one's own consulting business in the same area for which I-140 has been applied for or would you advise to take up a job in the same area until the GC is approved and arrives?

c. Is it wise to take a break between I=140 approval and I-485 approval? 

Regards,

 

Your questions are very case specific, and therefore it would be better to discuss the details of your situation and goals on a call with one of our attorneys. 

[AnnV]

Hi,

My visa and I-94 expired on aug 07 2017 but extension was filed last year oct 2016. We received an RFE which we responded and USCIS received on aug 07.  My project ended on Aug 15, but I am on my leaves till sept 12 ( my payroll is still on till Sept 12, without a client project). By then If I don’t find a new job ( new employer) or new project with same employer, I will be asked to go back by my current employer ( employer A).

 

While waiting on a decision by USCIS, today Aug 26, I again received an RFE. ( not sure why, all my teammates with same documents got an approval).

At this stage, need your advice what should be the best course of action

1. Since I don’t have a client project, how can I respond to this RFE, can I use the same documents (MSA, SOW) submitted earlier?
2. My current employer found me a new project with a different client and in the process of raising an amendment. With this RFE, Can this amendment be raised? Also looks like there could be chances of denial for the H1 extension if we do not have enough documents to respond, how will this effect my amendment for new client?
3. If I find a new job ( employer B) and try to transfer my H1B, will this current extension pending, denial have any affect on the decision for the transfer? This will be a bridge case, so if the extension decision comes before H1 transfer decision, and if its denied, can I still stay in the country till transfer decision is pending?

 

Need your advice as What would be the best option here? Stick with current employer or go with a transfer?

 

 

[Jackie-]

Hi,

My PERM was approved as a Software Engineer in 2006 with company A. My I-140 was approved in 2007 and my I-485 was filed in 2007 by company A. EB-3, India.

In 2012, I joined company B as a techical lead, without filing AC21.

Now in 2017, I am a Executive Director of Software with Company C, again without filing AC21.

My wage since 2006 has almost doubled. My I-485 is still pending, but getting close. I have no visas, just EAD and AP.

Can you guide me -

1. What should I expect for me green card interview?

2. Should I file AC21 now?

3. What letters of job descriptions should Company B and C provide?

4. Am I at risk of green card rejection due to career advancement and employer changes?

Thanks in advance. 

[Attorney_22]

On 9/20/2017 at 8:08 AM, Jackie- said:

Hi,

My PERM was approved as a Software Engineer in 2006 with company A. My I-140 was approved in 2007 and my I-485 was filed in 2007 by company A. EB-3, India.

In 2012, I joined company B as a techical lead, without filing AC21.

Now in 2017, I am a Executive Director of Software with Company C, again without filing AC21.

My wage since 2006 has almost doubled. My I-485 is still pending, but getting close. I have no visas, just EAD and AP.

Can you guide me -

1. What should I expect for me green card interview?

2. Should I file AC21 now?

3. What letters of job descriptions should Company B and C provide?

4. Am I at risk of green card rejection due to career advancement and employer changes?

Thanks in advance. 

It is advisable to call our office and speak directly with one of our attorneys. Due to the complicated nature of your situation, a conversation is a better medium to answer your concerns.