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Tech Industry
Yesterday
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You cannot make this up…
I work for large tech company from India. PD June 2012. I485 filed in Oct 2020 in EB2. AOS transferred to NBC in July 2022. Fingerprinting, interview, medicals all done by Aug 2022. But dates retrogressed in sept-ish 2022. FAD again became current in Feb 2024 in Eb3. However due to stupid job title change at office in Dec2023, fragomen forced to file I485J under AC21. Both AC21 and interfile to EB3 were filed on Feb 01, 2024. As of today March 4, 2024 status is in CRP. Issue is, when I call USCIS they cannot see the interfile entered in the system till now, so they don’t see my FAD as current (in EB3). L2 call requested 20 days back. Unfortunately, my bad luck I am now likely to be laid off by April end 2024. I think I will not be able to use AC21 because < 180 days and will obviously lose GC through my current employer if GC is not adjudicated by April end. Can you pls suggest what should be my strategy to save my GC? I am not expert with immigration details. I don’t want to restart PERM->GC with new employer and waste 2-3 more years :(
Worst case your EB3 interfile will be denied (due to less than 180 days) leaving your EB2 as is, So you may need to file AC21 again with the new employer but it will be in EB2 and you will have to wait till EB2 becomes current. Of course, confirm with a lawyer because IANAL.
Thanks google. but any risk of not being able to use the original EB2 due to violating 180 days rule due to recent interfile?
180 days waiting for first time and not for subsequent filings IMO.
Hi Meta thanks for your response. I did some more digging. Key text below from USCIS publication. Notice word "New*. I do have an approved I-140 in EB3 (filed during Oct 2020), so am I exempt since mine is not "new"? Furthermore, if I leave current employer before 180 days and simply file AC21 with new employer after 180 days, am I good? "If an employment-based applicant requests to transfer the adjustment application to a different employment-based category based on a **new** Form I-140, the applicant may not utilize the portability provisions, if applicable, until 180 days or more after making the transfer request."
You didn’t get EAD?
I do have EAD.
then keep on extending it. What are you worried about?