AC21 AOS Portability

How soon can I change employers after getting green card?

I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit 

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Considerations for AC21 job portability

My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?
(2) Do you advise to change using EAD or transferring H-1B?
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Changing from EB-3 to EB-2 Category

I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-140 Revoked after AC21 Portability

From our community member

Here is my Situation.

I used to work for Employer "A" who filed for my EB3 Labor and I-140. I-140 was approved in Feb 2007. In July 2007, when the dates became current, I filed for my I-485. In December ending of 2007, which was around 180 days after filing the I-485, Company "A" was acquired by Company "B", at that time I got an email from my employer HR indicating that Company "B" will now take over all immigration responsibilities of "A" and no H1 transfers or re-filing of I-140 is required. I was also assured that since my I-485 was pending for 180 days and i had EAD and 6 pay slips / one per each month from company "A" , there should not be any issues, since AC21 can be applied too, in this case. So I continued to work for Company "B" for about 1 year from Jan 2008 to Jan 2009. I received pay checks from "B" during this period.

In Feb 2009 I joined a direct client, Company "C" on H1B. Got the H1B approval beyond 6 years, using company "A" I-140 approval copy. Company "C" Attorney sent AC-21 documents to USCIS. Company "C" does not file labor or I-140 they do only H1B or hire on EADs but does not do green cards. Now, after more than 7 years of I-140 Approval from Company "A", I came to know that USCIS, has revoked the I-140 of a different employee who was in the similar situation as me, but he didn't had H1B and he was forced to leave USA since his I-485, EAD and Advance Parole were all based on this I-140. It seems USCIS said the underlying Labor and I-140 were fraud. Hence everything is denied. He did leave the country.

My Question : What are my Options if something like this occurs for my case too? I understand its hard to tell if this will occur or not. Company "A" which filed my I-140 no longer exists and I have no contact what so ever with Company "B". If I-140 gets revoked for fraud by the company "A", will the employee be held responsible? Can this kind of adverse decision be appealed and during appeal process what happens to the status. Are we allowed to stay and work in the country when this case is in progress? I was reading online about the "The case, Kurapati vs USCIS”, this lawsuit is similar in nature. Is there a ray of hope with this?

You’re Suggestions/Comments please.

See clip from Attorney Rajiv S.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval

Substantial transcription for video: 

For updates, see my blog page on Obama's Immigration Action.

Takeaway points for legal immigration from President Obama’s executive action: 

1.      USCIS is “about to” publish the final rule on H-4 work authorization.  That will make it possible for certain spouses of H-1 holders to get work authorization.

 2.      Improving employment-based green card backlogs by:

 a.       Making visa issuance more efficient so no immigrant visas are wasted;

 b.      Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs.  USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field.  USCIS must clear the path to career progression for green card applicants.

 3.      Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).

 4.      Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.”  Unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the following parole program will help:

 a.       Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where: 

 i.They have raised financing in the USA; OR  

 ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research

 5.      Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.”  As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the parole option above could be helpful.

 6.      Providing clear guidance on L-1B program as to who can qualify. 

 

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