Ac21 or Porting

[rock]

Comp A filed PERM/I-140 approved EB3 category & I-485 pending for 6 years. Currently working on 10th year of H1B. They can layoff anytime

Comp B also filed PERM/I-140 EB2 category. PERM approved but I-140 still pending. Never worked for them.

Comp C offering a new job on AC 21 with H1B transfer. I am thinking of moving from Company A to Company C.

1) Is it risky to join Company C using AC21? I am not planning to file AC21 papers until any RFE.

2) What will happen to future Green card application with Company B?

3) Will invoking AC21 from Company A to Company C and at the same time having Company B processing my I-140/GC under EB2 create problems for me?

[Belle]

1) I can't advise whether something is "risky" because "risky" is a very personal concept. Are you eligible for AC21 - yes. Will it protect you? Likely.

2) Nobody is clairvoyant (and whoever clams s/he is, is a lier). Why would anything different or of note happen to your case from B?

3) No. Why?

[rock]

"3) Will invoking AC21 from Company A to Company C and at the same time having Company B processing my I-140/GC under EB2 create problems for me?"

"3) No. Why?"

I read in some forums (I am not an immigration expert) that if someone has multiple applications for GC like AC21, Eb3 to Eb2 porting etc with different companies getting processed at the same time then the case becomes complicated as to actual intent of joining which employer after getting GC. (Company B who did porting or Company C on Ac21)

Due to bad job market in my field in last few years job change has become necessary and it is sometimes not by chioce. Have to keep maintaining our status and back up plans if things do go well.

[Belle]

You have two I-140s. Even if one is in trouble, you can still fall back on the other one. If you have never worked for a company that filed your I-140, yes, it may raise questions. But you changing the job does not change that - just like you did not work for B before, you won't work for them now. Let's separate things that matter and those that don't. If you are asking about changing your job - well, it has no impact on your second I-140.

[absk82]

Hi,

I am on a similar boat. In my case, company A has got I140 approved and 485 is pending (I have got my EAD). Now, I am planning to change to another company B which has a different job description and likely will need to have a new perm/I140 filed. But they will interfile the new I140 with existing I485, so I can keep my current PD.

My question is will this interfiling (of new I140 with my pending I485) happen as soon as new I140 is approved, or will it happen only when my PD is current ? In case, it happens only when PD is current, I am worried that I will become tied with company B until this interfiling happens.

[Desi Dude]

Hi,

I am on a similar boat. In my case, company A has got I140 approved and 485 is pending (I have got my EAD). Now, I am planning to change to another company B which has a different job description and likely will need to have a new perm/I140 filed. But they will interfile the new I140 with existing I485, so I can keep my current PD.

My question is will this interfiling (of new I140 with my pending I485) happen as soon as new I140 is approved, or will it happen only when my PD is current ? In case, it happens only when PD is current, I am worried that I will become tied with company B until this interfiling happens.

That's a good question. Talk to Murthy about your situation.