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.
Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017
I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia
I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation
I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed
It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet. Do you foresee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?
Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days
Video Transcript
I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. More...
Note: 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.
Discussion Topics, Thursday 8 February 2018:
FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions
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