nelsona wrote:Without applying for i-485, there is NO provision in AC21 for porting I-140. You must have your new sponsor file PERM and I-140.
They can port their H1, but this this does not equate to GC sponsorship.
H-1B: Switching Employers
Moderator: Jim Eiss
Thank you Nelson. Does AC21 apply only in I-485 cases? Do you mean if a consular route is taken, one can change job soon after filling at a consular office (after PD is current) without any repercussions? I am trying to find alternatives to a new PERM/I-140. Thanks in advance.
AC21 does NOT apply to consular processing. If you go to your interview having left your sponsor, I would expect a denial.
If you have an approved I-140 but are not current, I would strongly suggest you do what it takes to switch from CP to AOS and do so. You have so many more rights waiting for AOS than for CP.
AC21 is a major factor why so many people switch from CP to AOS.
If you have an approved I-140 but are not current, I would strongly suggest you do what it takes to switch from CP to AOS and do so. You have so many more rights waiting for AOS than for CP.
AC21 is a major factor why so many people switch from CP to AOS.
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Everyone has the choice of AOS or CP.
Until your PD is current, neither is moving at all. so it doesn't much matter with regards to changing companies. You were talking about doing this close to CP interview: this would be a mistake.
CP: if you feel like changing sponsors, do it now, before PD is current. Once PD is current, you really should stay put, or you risk having no sponsor for your interview.
AOS: if you've waited until PD is current, and still wish to change employers, switch to AOS. chances are you will get your GC before six months, after which you will have to stay at employer for a good year.
As you see, you have competing intersts: you ant your GC, of coure, but you also seem to want to change employers. It would seem the safest way to do that would be to have the new employer file PERM/I-140 as soon as possible! Then when PD is current, if you don't have 2nd I-140 approval, switch to AOS and file I-485. if you do have I-140 approval, stay on CP.
Until your PD is current, neither is moving at all. so it doesn't much matter with regards to changing companies. You were talking about doing this close to CP interview: this would be a mistake.
CP: if you feel like changing sponsors, do it now, before PD is current. Once PD is current, you really should stay put, or you risk having no sponsor for your interview.
AOS: if you've waited until PD is current, and still wish to change employers, switch to AOS. chances are you will get your GC before six months, after which you will have to stay at employer for a good year.
As you see, you have competing intersts: you ant your GC, of coure, but you also seem to want to change employers. It would seem the safest way to do that would be to have the new employer file PERM/I-140 as soon as possible! Then when PD is current, if you don't have 2nd I-140 approval, switch to AOS and file I-485. if you do have I-140 approval, stay on CP.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing
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There is absolutely no requirement that the new job be anything like the old in order to 'port' or begin working as sson as the paperwork is submitted. It just needs to be H1 eligible, which is usually a slamdunk.
Where did you get that idea?!
Where did you get that idea?!
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Since you have not submitted I-485 for 180 days, there is an urgency to file perm and I-140 BEFORE previous sponsor withdraws or substitutes another for your I-140.
If you submit your second I-140 before previous one is cancelled, then your PD will remain the same.
So, it is not the gap in employment that is crucial, but rather the need to get things done quickly before your old sponsor 'gets mad'.
If you submit your second I-140 before previous one is cancelled, then your PD will remain the same.
So, it is not the gap in employment that is crucial, but rather the need to get things done quickly before your old sponsor 'gets mad'.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing