EB3 Green Card

Changing jobs (shortly after a promotion) with I-140 approval, I-485 pending, and the 180-day AC-21 portability rule

2 years ago By Chief Editor

Question details

I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.

FAQ Transcript

I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.

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.

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Citizenship and Naturalization

Form N-470

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

2 years ago By Chief Editor

Question details

Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

2 years ago By Chief Editor 3 comments

Question details

I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?

FAQ Transcript

The AC21 law says you can change jobs to a same or similar job once your I-140 is approved and I-485 has been pending 180 days. So until the I-140 is approved you are not protected. More...

Sept 16, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, Sept 16, 2021

FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

Sept 2, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Agency

Ombudsman

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, September 02, 2021

EB-3 petition downgrade; CSPA protection for 21 year old son

2 years ago By Chief Editor

Question details

My son turns 21 years in August, and as per the August Visa Bulletin my EB3 Downgrade petition is current. Does this means my sons is covered under the CSPA and eligible for EAD renewals?

FAQ Transcript

There are two dates based upon which green card applications move one date is the date for filing and the other date is the final action dates. Your CSPA protection is covered by the final action dates; the visa bulletin dates when they become current. Dates for his final action dates must become current before he turns 21, if they slide back again, that's not a problem but for one time they must become current. More...

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