I-485 Filing

[gretchen]

I have EB3 I-140 but not yet current.  My PD is Jan 2010 but they are still processing July 2007.  From what I gathered, I cannot apply for I-485 Change of status. If I don't have a pending or approved I-485, will I be able to invoke AC21 in case I change employers? If I change employers do I need to go through the PERM process all over again? If I change from EB3 to EB2 within the company, do I need to go thru the PERM process again, or would a notification letter to USCIS and an H1B (I-129) form application suffice? Thanks!

[redgreenbluee]

please consult a lawyer.

 

yes, your PD needs to be current before you can apply I-485.

 

yes, you need to have pending I-485 for more than 180 days to invoke AC21.

 

yes, if you change your employer you will need to start again with PERM unless you invoke AC21.

 

yes, you will need a new PERM for EB2, you can however port your EB3 PD to EB2.

 

 

I have EB3 I-140 but not yet current.  My PD is Jan 2010 but they are still processing July 2007.  From what I gathered, I cannot apply for I-485 Change of status. If I don't have a pending or approved I-485, will I be able to invoke AC21 in case I change employers? If I change employers do I need to go through the PERM process all over again? If I change from EB3 to EB2 within the company, do I need to go thru the PERM process again, or would a notification letter to USCIS and an H1B (I-129) form application suffice? Thanks!

[gretchen]

To redgreenbluee:

 

"yes, if you change your employer you will need to start again with PERM unless you invoke AC21"   - WHICH I can't do because I have no visa number. Oh well, in short, I'm stuck.  Thanks for replying.

[pontevecchio]

Please look at the latest visa bulletin. There are changes.  If you change employers even though the process starts from scratch you retain the PD of your original I-140. Say you qualify for an EB2 job you can retain the existing PD and move up. What is your country of birth?

[gretchen]

Mexico. What if the orig employer cancels my I-140, can I still use my existing PD? Also, am I correct that since I have an approved I-140, I am not covered by the 6-yr H1B rule anymore? News are gloomy these days on the CIR. I am in Sped and it is not part of STEM. Am I correct on this? CIR can help STEM if proposed reforms are approved.

[gretchen]

 If you change employers even though the process starts from scratch you retain the PD of your original I-140. Say you qualify for an EB2 job you can retain the existing PD and move up. 

Doesn't AC21 (portability) apply only to those with an existing or pending I485? I have none. But info I know might be outdated.

[pontevecchio]

Retention of the PD has always been allowed. Say you have a EB3 PD and a few years later you have an employer file your EB2 or EB1 you retain the PD. This is besides the various AC21 provisions one of which states you can change jobs in a similar field after 180 days of pending AOS. They are processing January 2009 for Mexico EB3. If you manage to qualify for EB2 the dates are current.