How does AC 21 Portability WORKS?

[Eastwest]

How does the AC 21 Portability works?

I am presently working for a company that filed for my Green Card in 2004.

My I-140 and I-485 were concurrently filed on October 9 – 2007 through the present company [date was based on the receipts of notification I –797C]]. My wife’s case was also filed along with mine at the same time!

Receipts of Notice for Case type I-765 and I 131 were October 9, 2007 as well
[class requested: C09]

CURRENT STATUS OF ALL OF THE ABOVE [I-140; I-485, …] WAS: CASE RECEIVED AND PENDING.

We received our EAD on October 25, 2007 and will expire on October 24, 2008.
We also completed Finger printing in the month of November [2007].

Also, my current VISA expired on Dec 21, 2007, however, my H1B visa got renewed until Dec 2008 by the present company. Now please read the following:
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Recently, I was offered a job from a different organization under the same job category that I am presently working! They want to file a New H1 B first!

SO my questions is: Can I change the present employer using AC 21 Portability rule AFTER APRIL 9th 2008, since my case is “pending for 180 days or more [October 9, 2007 to April 9th, 2008 = 180 days]…”!!
If so, what should I ask the new employer to do, so that I can submit relevant documents to USCIS without jeopardizing my on-going immigration case!!

More importantly, am I doing anything wrong for changing the job during this period??

[jovcal]

Re:

If so, what should I ask the new employer to do, so that I can submit relevant documents to USCIS without jeopardizing my on-going immigration case!!

Hi,
Yes, you can definitely change your employer using the AC 21 Portability rule provided 180 days have passed since you applied I-485.
No, you are not doing ANYTHING WRONG HERE. This AC21 Rule was passed just for the purpose of helping us change employers.

Check out this link, to find out about all you need to do to change your employer using AC21, including the docs you need to ask your new employer and the docs you need to submit to USCIS.



Hope it helps.

[aa_730]

Although do-able, it can be risky without I140 approval.

This has been a question for us too. What I have found through our lawyer/forum is that you can change jobs as long as it is in the same field and as long as 180 days are over. But if I140 is not approved, it may be denied. But there is nothing illegal about it. Decision to accept/reject I140 petition is very subjective if a job change is involved. I am sure others will be able to tell you more about it (even if I am wrong )

[Eastwest]

thanks to both of you for the input

i will see how it goes and plan accordingly.

thanks folks!