AC21 AOS Portability

AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

Laid off before getting Green Card, I-485 pending! How to renew Green Card?

Question details

I have a situation of my relative - person has the employment based green card received on Mar 12, 2012, Received EAD in 2007. However lost the job(job termination) (Nov 2, 2011) 4 months before to receive the Green Card. At the time when GC was approved (March 12,2012) person was not having the job, and there after person couldn't gone to job. Could you let us know what to do for GC renewal and for citizenship.

Video URL
FAQ Transcript

In my opinion it is fine because there was nothing wrong with your intention to continue working and if your I-485 has been pending 180 days I think you are very well protected.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Guestbook Entry for sreedhar seethina, United States

Name
sreedhar seethina
Country
United States
State
Texas
Comment

I saw my I-485 Denial notice after a week, It is a panicking situation. I changed  my employer for permanent position, and my I-140 was cancelled by my old employer.  I did not file my AC21, Lesson learnt is, talk to a good attorney rather than asking friends and well wishers. There I choose Rajiv Khanna,  we got 30 days to appeal after denial, answered all my questions, It was 180 days passed after I-485 applied, It is not a correct decision from USCIS. 

My case, Motion to reopen (MTR) received to USCIS in 10 days from Rajiv Khanna's office. Do i need to say, He is the best and have a good team to support and help me out in a short time. 

Guess what, my case was re-opened and I got my Green card in 2 months. I am waiting for my Family MTR and GC. It is time to thank Rajiv Ji , Kunal Ji and Team . I really appreciate for all the work you did in my difficult situation. Thank you.

Ability to Pay

Question details

1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?

2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?

3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?

4. Why are prorated net assets not sufficient evidence to support ability to pay?

5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

Guestbook Entry for Bharath R, United States

Name
Bharath R
Country
United States
State
OH
Comment

I recently contacted Rajiv's office for help with the AC21 portability process. I found everyone in the Law Offices of Rajiv S. Khanna very supportive,proactive and attentive even to small details. Their expertise helped me understand the nuances of the process, and helped clear up a number of confusing aspects. I would like to thank Rajiv and his team for doing such a good job and would strongly recommend their services.

Guestbook Entry for Chandra, United States

Name
Chandra
Country
United States
State
Texas
Comment

Rajiv Is an amazing attorney, extremely knowledgeable on immigration matters, he understands even the complex cases right away and gives the best solutions. Even with his busy schedules he is always reachable to his clients. The staff of Law offices of Rajiv S Khanna is very nice and reachable all the time, personally I am with them for the last couple of years and their office has followed up my I-485 case with USCIS and moved it to the local office to get an interview. I would highly recommend them for all immigration related matters. Please feel to contact me if you need any other information.

Guestbook Entry for Rasheed, United States

Name
Rasheed
Country
United States
State
MA
Comment

After leaving previous employer, and got the position with new employer. I was looking for good lawyer or firm, I talked and met with many top immigration lawyer firm, no one convinced me. When I talked to Rajiv S. Khanna, I was convinced because I could feel the truth inside him, and the knowledge he has.  He and his great team took my case, prepared, and filed successfully. Mathew, Mark,William, and Rajiv were really helpfull. There is true diversity in Rajiv S. Khanna law firm. They all work like a fmily. Mark was really helpfull during whole process from AC21 to getting the GC, include filing AP, and EAD. He always promptly response, alwasys keep posted, and file all documents timely. Any legal question Mathew promptly respond, and resolved. I love them. I would highly recommend Rajiv S. Khanna Law firm because of their dedication to each of the case and experties in immigration matters. Thank you!! Rasheed