Guestbook Entry for Chanchal Kokkuvayil, United States
Name
Chanchal Kokkuvayil
Country
United States
State
PA
Search
AC21 and losing job
Question details
I am EB2 priority date Sep2005. I had lost my job in Apr 09. I started working on Dec09 with another company similar job description, in same geographic location and with 15% higher salary than labor approved. I was out of job for almost 8 months.My old employer has assured not to evoke approved I140 (more than 3 years since I 140 is approved)
I have few questions:
1.Shall I file for AC21?
2.is it advisable to send copy of current paystunb with AC21, If yes how many months?
2.Is it okay to file AC21without paystub for around 8 months?
2.If I dont file for AC21, will there be an issue travelling on AP at POE?
AC21 should be filed. The fact that you were out of job for 8 months is irrelevant. As long as the jobs are same or similar, you should have no issues.
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Considerations for AC21 job portability
Question details
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(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?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(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
I want to thank Mr.Khanna for answering all my questions to my satisfaction. Appreciate the fact that he read through the questions and understood the situation before hand so that during the call he was able to explain the options available to me and the impact of each one of them. Without hesitation, I will be hiring Mr.Khanna and his firm for all my immigration needs. Thanks, Chanchal