DesparateDesi Posted November 9, 2012 Report Posted November 9, 2012 My GC process is successfully ported from EB3 to EB2. Waiting for my PD to come current to approve my I-485 and get my GC. My case: My first company processed my GC under EB3. Labor approved. Applied I-140 and I-485 concurrently by Jul 2007. I-140 got approved under EB3 around 2008 and I-485 is still pending. Last year I joined another/second company and filed my Labor and I-140 under EB2. I-140 under EB2 got approved and my PD is ported successfully from EB3 to EB2. Now I have two approved Labor (under EB3 and EB2), two approved I-140 (under EB3 and EB2) and one pending I-485. Requested USCIS to interfile my I-140 approved under EB2 with my pending I-485. Question: 1. Labor and I-140 is approved under EB2 with my second company. I-485 is still pending. How long should I have to work for my second company before joining third company without causing any problem for my pending I-485 to approve under EB2 category when my PD comes current? Thanks all, for your time reading my post and thanks in advance for your answer.
pontevecchio Posted November 9, 2012 Report Posted November 9, 2012 Nothing precludes you from using relevant AC21 provisions with any other employer if the job requirements are roughly the same.
DesparateDesi Posted November 9, 2012 Author Report Posted November 9, 2012 Thanks pontevecchio for the information. Before getting my GC if I join another (third) employer, can my previous (second) employer do anything (cancel/withdraw) of my approved I-140 under EB2? (I like to know any "in case" scenarios.) If so, will that cause any issue on my EB2 ported or cause any issue on my pending I-485 to approve under EB2 category when my PD comes current?
pontevecchio Posted November 10, 2012 Report Posted November 10, 2012 If you qualify you can use AC21. Since it is your future I suggest discussing the scenario with the firm of Murthy or any of your choice. Best of luck to you.
Attorney_15 Posted November 13, 2012 Report Posted November 13, 2012 AC21 Green Card portability continues to exist, according to current USCIS guidance, when the I-140 petitioner withdraws the I-140 petition. If, however, USCIS revokes the I-140 petition for cause - because the petition should not have been approved in the first place - current USCIS guidance states that one is not eligible for AC21 Green Card portability and the I-485 is denied.
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