FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
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.
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.
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.
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I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.
I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.
So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.
Answer 2. I think having an H-1B is a very good idea.
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.
This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).
For more details on the memorandum please click the attachment
The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.
This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Click the attachment to read more about the memorandum.
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.
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?
2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?
1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.
It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.