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Discussion Forums: I-485
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Topic: AC21 - Quick Reference !!
Posted by jesshe (189) 16 Jan 2008
Dear Gettingggc:

Thank you for your detailed info.
I have a question to ask you--
I have a conditional offer (similiar job), describing I could work for them by the time GC is in hands.
They said, anytime I got GC, I could work there. They couldn't let me work during I-485 pending 180 days (aerospace industry) (I have I-140 (filed in July 22, 2007)and I-485 pending (filed in Aug,7,2007)
I am a Chinese citizen.Can I use this offer letter and submit AC 21?
Right now I have another way to obtain GC--marriage..
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Posted by TennisStar (44) 16 Jan 2008
Gettinggc & Others-

Say one has I-140 is approved and I-485 is pending for more than 180 days. Say Company A is the GC sponsoring company and is employed full-time (40 hrs a week). Is it possible than for this person to add on another job by Company B full-time (if both parties agree- Company A and B) saying now the person will work 20 hrs in Company A and 40 hrs in Company B. Assuming Company A does not revoke the I-140 application... is this situation allowed?

Does AC-21 need to be invoked in this situation? Not sure, because now the person is still employed with the sponsoring company and working really 2 jobs- The change only is in the full-time status- Consultant at Company A and a full-time new add-on position in Company B.
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Posted by gettinggc (1093) 16 Jan 2008
If I-140 is approved and I-485 is pending for more than 180 days, then you don't have to worry whether or not the GC sponsor is going to revoke the I-140 application.

Refer to section 5,6 and/or 7 in the I-140 application form. Section 5 is "Is this full-time position". Section 6 is "How many hours per week for the position" Section 7 "Is this a full-time position". Ofcourse this is for your FUTURE job with your prospective employer

As you know the GC is for the future job. The question that you have got to answer to yourself is, "Am i am going to work for the GC sponsor, once the GC is approved?". If you dont want to, thats where the AC-21 is coming into picture.

S..
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Posted by TennisStar (44) 16 Jan 2008
OK. Say Company A ready to take the person on as a full-time consultant (40 hours/wk). And also Company B is ready to hire the same person at 40 hrs/wk. Since, there are plenty of jobs out there that the person can work "remotely" or from home. Once the GC is approved the person will still want to continue on with Comppany A (GC sponsorer) and Company B (non-GC Sponsor)

Can the person work 2 jobs on an EAD? Of course one of the jobs is with the sponsor company while GC processing is ongoing. Is this situation possible?
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Posted by gettinggc (1093) 16 Jan 2008
Technically in this scenario, there is no need for AC-21 as you are not switching the employer.

Your question in simple form is "While working for the GC sponsor, using EAD can we work for other employers as well? Let's hear more from others as well.

Note: Some more AC-21 links

http://immigrationvoice.org/forum/forumdisplay.php?s=b353f3c8d9eeb6959d01f2b7957bc08b&f=72
http://www.immigrationportal.com/archive/index.php/f-121.html [Old post; but good]
S..
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Posted by karteekc (1) 16 Jan 2008
I have a question, i have recently finished 180 days on my 485 status with I140approved. i have a job offer now with a different company. its the same title s/w engineer but the job responsibilities differ a bit. My i140 has more of generic job description and all languages mentioned in it. the present job description is more of reporting. will that effect my AC21 portability?? Please let me know
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Posted by waitingforgcar (65) 17 Jan 2008
I will be appering for I-485 Interview on Feburary 1st, 2008.

Since I have changed my jobs and invoked AC-21, I expect immigration officer to grill me on this issue.

Can any one please tell me what I should be prepared for that day with respect to AC-21 questions?

I really appreicate your help on this.
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Posted by kayelen (14) 08 May 2008
Gurus please help,

I will be laid off effective June 2008. I have a pending concurrent i140 and i485. I am in the EB2 category.

Fortunately I have found a new employer with a similar position willing to evoke AC21. I have seen the link to the USCIS document that says it is possible to port a pending concurrent i140 and i485.

My question is - has anyone ported a pending i140 and i485 sucessfully?

Thank you.
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Posted by octoberbloom (88) 03 Jun 2008
Can someone answer this?
My current project comes to an end this week 06/06. My company has started looking for jobs for my profile with other clients. But, the response is a bit slow due to the market.
I thought I can also start looking for jobs outside in the meantime. Here are my questions.
My LC is based on a 4 year bachelor degree in computer science.
If I prefer to use H1B transfer and use AC21, can I go for managerial position with say, 20 to 25% hike in my present salary?

or, Shud I go with my EAD?

My PD has been current since 3 months.
EB3 India. July 19, 2001. (485 Texas RD: July 9, 2007).

Though I am confident that I can find good jobs with better pay, I am not sure if using EAD will create any adverse effects.
Just wanted to take some expertise suggestion(s).

Thanks
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Posted by octoberbloom (88) 04 Jun 2008
Can someone answer this please?
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Posted by YoungAgassi (1) 16 Sep 2008
I have a couple of questions.
My 140 has been approved and 485 has been pending for over 180 days.
I got laid off from my company today.
In order to keep my 485 application going, I need to file for an AC21.

The question is this - to file for AC21, do I just need a job offer or do I actually need to join the new company as well?
I dont want to take up employment with the new company. I want to be either self-employed or take a break for sometime. Would it be ok if I have a job offer in hand but I dont actually join the company?
I understand I need to be employed at the time 485 gets adjudicated.

Second question is - I have read that I can be self-employed and still file for AC21 - how does it work?
If I am self-employed, how do I show my ability to Pay myself?
If I start some business, I may not be earning anything for sometime.

Please advise. Thanks in advance.
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