Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Attorney_22

AC21 and Employment Changes After Filing for Adjustment of Status

Recommended Posts

This week, Murthy Law Firm attorneys will answer questions regarding AC21 and changes to your employment after filing for Adjustment of Status.   

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.

Share this post


Link to post
Share on other sites

Hi. 

My company applied for I-485, EAD, AP and an amendment to my I-140 to a merger of parent company under EB2 on Oct 29 2020. Today, my employer said, I will be done with employment by end of April. What are my next steps. I never got the receipts for any of those documents. Thanks and appreciate help!

Share this post


Link to post
Share on other sites

180 days after filling my AOS application, can I be promoted to a managerial position from an individual contributor? Will it effect my AOS application? How can I use AC21 in this case

Share this post


Link to post
Share on other sites

Hi,

When I applied for my labor, I was working on a different technology than I am working now. Is it ok if new employer
   —  adds only new skills in 485-J??
  — or additional New skills in 485-J along with old skills??

- what is important in 485-j to match with what is mentioned in labor? Soc code or skills or roles and responsibilities or all of them!?


- Are there chances of 485-j rejection of USCIS feels that anything is different from what is applied in labor?? If I change employer and 485-J gets rejected, will I be out of status??

- If we see that EB3 final dates are moving fast, can I  do interfiling by downgrading to EB3 ??? Can I do that if I use my EAD and change to new employer?

 

 

Edited by Employer portability

Share this post


Link to post
Share on other sites
On 1/14/2021 at 9:25 PM, Amar Vinna said:

Hi. 

My company applied for I-485, EAD, AP and an amendment to my I-140 to a merger of parent company under EB2 on Oct 29 2020. Today, my employer said, I will be done with employment by end of April. What are my next steps. I never got the receipts for any of those documents. Thanks and appreciate help!

You may be able to utilize AC21, however, the timing is tight and there are also other concerns. It is advisable to schedule a call with one of our attorneys to discuss your personal circumstances.  

Share this post


Link to post
Share on other sites
On 1/14/2021 at 11:48 PM, RamJ said:

180 days after filling my AOS application, can I be promoted to a managerial position from an individual contributor? Will it effect my AOS application? How can I use AC21 in this case

AC21 allows for normal job progression. 

Share this post


Link to post
Share on other sites
On 1/15/2021 at 2:47 PM, Employer portability said:

Hi,

When I applied for my labor, I was working on a different technology than I am working now. Is it ok if new employer
   —  adds only new skills in 485-J??
  — or additional New skills in 485-J along with old skills??

- what is important in 485-j to match with what is mentioned in labor? Soc code or skills or roles and responsibilities or all of them!?


- Are there chances of 485-j rejection of USCIS feels that anything is different from what is applied in labor?? If I change employer and 485-J gets rejected, will I be out of status??

- If we see that EB3 final dates are moving fast, can I  do interfiling by downgrading to EB3 ??? Can I do that if I use my EAD and change to new employer?

 

 

The answers to your questions will vary depending on if this Supp J is for AC21 or is being filed for the first time with the AOS. It will also depend on how the initial PERM position was drafted. I recommend speaking with your attorney directly regarding this matter. Or if you wish, you can call our office to speak to one of our attorneys. 

Share this post


Link to post
Share on other sites

Hi,

My AOS, EAD, AP and EB3 to EB2 downgrade were filed on 13th of Oct and so far EAD, AP and I-140 have been approved. I got a job offer from a different employer and they filed for my H1b transfer in Dec, but I did not join them and would like to wait till I complete 180 days for AC21 eligibility. My question is, since the new employer has filed for my H1b in Dec, does it count as me taking that offer though I did not join or can I still be eligible for AC21 portability after 180 days?

Share this post


Link to post
Share on other sites

I have been on EB2 AOS EAD since 2012 and changed my employer in 2016. A RFE was generated in 2018 for my I485 where the current employer responded. In 2019 I got a confirmation that my new job is in the "Same or Similar" job criteria. I am with the same employer and not planning to make any changes to my employment. My PD is Feb 2010.

In 2020 I found a way to resell on eBay that generated a 1099K from paypal which was reported to the IRS. I will work with a tax CPA and make sure I pay the taxes. Will this affect my AOS when my date becomes current?

Share this post


Link to post
Share on other sites

My soc code in 140 is listed as 15-1133. My new employer is offering me a job in soc code 15-1121. Is there any difference between these soc codes?? Can I move to new employer with soc code 15-1121??? Do I run in to any issues when I file 485-j supplement??

Share this post


Link to post
Share on other sites
On 1/30/2021 at 1:10 AM, Employer portability said:

My soc code in 140 is listed as 15-1133. My new employer is offering me a job in soc code 15-1121. Is there any difference between these soc codes?? Can I move to new employer with soc code 15-1121??? Do I run in to any issues when I file 485-j supplement??

AC21 analysis is not solely determined by the SOC code, but generally, if the first two digits are the same, it is likely the position will be considered substantially related. The most important part of the analysis are the job duties. You will need to compare the two positions.  

Share this post


Link to post
Share on other sites
On 1/27/2021 at 10:20 AM, mitrals said:

I have been on EB2 AOS EAD since 2012 and changed my employer in 2016. A RFE was generated in 2018 for my I485 where the current employer responded. In 2019 I got a confirmation that my new job is in the "Same or Similar" job criteria. I am with the same employer and not planning to make any changes to my employment. My PD is Feb 2010.

In 2020 I found a way to resell on eBay that generated a 1099K from paypal which was reported to the IRS. I will work with a tax CPA and make sure I pay the taxes. Will this affect my AOS when my date becomes current?

Your EAD allows you to take on additional work, and the green card should be fine provided you maintain that qualifying job offer. 

Share this post


Link to post
Share on other sites

We recently applied for our I485 and I765 and our Receipt date is Oct 29 2020 . We haven't received our EAD card yet and the status still shows "Case Received". My Question is can I switch Job even though my EAD is still pending to be received but I cross more than 180 days Pending 1485 as per AC21. So basically can I switch job after May 1 2021 even though I do not receive my EAD card or should I wait for my EAD card to switch my job.

Share this post


Link to post
Share on other sites

Hello,

I am on H1 and my wife and child on h4. We have filed our I-485, 131 and 765 (EAD) on Oct 2020 and received our receipts.

We want to visit India as soon as we receive advance parole.

Due to reasons, my wife and my child may need stay in India for more than a year. I will be coming back in 2 months.

If they stay more than a year, what will happen to their I-485, 131, and 765?

Since the consulate offices are temporarily closed, I need to come as parolee (my visa already expired).

Are there chances that my wife and child loose their status and cannot re-enter into US?

How can I maintain H1 status? or, is it okay for me to use my EAD?

Kindly advise.

thank you very much in advance.

Regards,

SSKrishna

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×