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Are you currently going through the employment-based residency process and wonder if changing jobs will impact your application? Have you heard about AC21 portability and want to learn more about how it can impact your case? If so, this informative Webinar is for you! During this webinar Bashyam Spiro LLP’s immigration attorneys will explain how changing jobs can impact a residency application, and what steps one must take if changing jobs when the application is still pending.
Citation preview
What Happens When You Change
Employers During the Permanent Residency Process?
Hosted by:Murali Bashyam and Ame Coats
Bashyam Spiro LLPwww.bashyamspiro.com
CONNECT WITH US:FACEBOOK: www.facebook.com/bashyamspiro
TWITTER: www.twitter.com/bashyamspiro
Outline
• AC21• Retaining Your
Priority Date
Today’s Dialogue Map…
Outline
American Competitiveness
in 21st Century (AC21)
Today’s Dialogue Map…
AC21
Can Change Jobs If:
• I-140 Approved;
• I-485 Pending for Over 180 Days; and
• Same or Similar Occupation
AC21Example:
Ame is being sponsored for permanent residency by Raleigh, North Carolina-based Bashyam Spiro – Immigration Law Group. (Not really, but just for the sake of discussion!). Her labor certification was approved and her I-140 is pending. Ame also has an I-485 application that has been pending for 100 days. She’s just not happy with us and wants to leave. What happens?
– What if Ame’s I-140 was approved?– What if Ame’s I-140 was pending and her I-485 was pending for over 180
days?– What if Ame’s I-140 was approved and her I-485 was pending for over 180
days?– What if Ame’s I-140 was approved and her I-485 was pending for over 180
days, but her I-140 was subsequently withdrawn by the employer?
AC21
Same Or Similar Occupation
• No Real USCIS Definition
• Dictionary of Occupational Titles
• Gut Test!
AC21
Example:
Ame found a new job! (Darn ) She is tired of being an outstanding immigration attorney at Bashyam Spiro and has decided to make a change. Ame takes a job in advocacy with the American Immigration Lawyers Association. Same or Similar?
– Is Advocacy as a Lawyer ‘Same or Similar’ to Practicing as a Lawyer?
– What if Ame Decided to Go From Senior Counsel to Managing Partner or to Entry-Level Associate?
AC21
Oh, It Get’s Worse!
She’s Making More $$$ and Working in Miami!
Is She Still Covered under AC21?
What if there Isn’t a Labor Certification in the Case?
NO LABOR, NO CRY!
Even if Ame was in the Employment-Based One Category (EB-1) as a Person of Extraordinary Ability,
Outstanding Researcher/Professor or Manager/Executive, Same Rules Apply
AC21
LAID OFF?
How Soon Do I Need To Find A New Job?
• Before a USCIS Request for Evidence• Before a USCIS Interview• Before USCIS Adjudication of the I-485
AC21: Common Questions
AC21 Letter To USCIS
To Send or Not to Send, That is the Question!
AC21: Common Questions
DATE Department of Homeland SecurityCitizenship and Immigration ServicesVermont Service Center75 Lower Welden StreetSaint Albans, Vermont 05479-0001 Re: I-485 Application for Adjustment of Status
Applicant: XXXXXXXUSCIS Receipt Notice: EAC-XXXXXXXX
Dear Sir or Madam: We have recently hired XXXXXX and wish to confirm that we intend to employ him permanently upon completion of his pending Application to Adjust Status. Mr.
XXXXX’s application has been pending for more than 180 days, and the position for which he was hired is similar to that upon which his Alien Labor Certification was based.
Mr. XXXXXX title is XXXXXXXX. His duties include XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. Mr. XXXXXXX was previously employed by XXXXXXXX. An I-140 Immigration Petition for Alien Worker filed by them on Mr. XXXXXX’s behalf was approved on XXXXX
2004. A copy of the I-140 approval notice and I-485 receipt notice is attached to this letter.
Mr. XXXXX’s salary is $XXXXXXX. If you should have any questions regarding this matter, please feel free to contact our office. Sincerely, XXXXXXXXXXXXXXXX
AC21: Sample Letter
Outline
Retaining Your Priority Date
Today’s Dialogue Map…
Retaining Your Priority Date
Basics
Priority Date = The Date Your Labor Certification is filed, or if a Labor
Certification is not Required, the Date Your I-140 is Filed.
Retaining Your Priority Date
Basics, Part Deux!
If Your I-140 Application is Approved, You Can Transfer the Priority Date for that Case to a New Employment-Based Case
Retaining Your Priority Date
Basics: Not So Basic!
What Happens if Your Approved I-140 Has Been Revoked?
Can You Still ‘Port’ The Priority Date?
Retaining Your Priority Date
Regulations: Cannot Carry over the Priority Date if the I-140 is Revoked
USCIS Memorandum: Cannot ‘Port’ Only Where the I-140 is Revoked for Misrepresentation or Fraud
• Memorandum Does Not Have The Force of Law
Retaining Your Priority Date
Back To Ame!
Example: As we know by now, Ame found a new job. She is now Director of Advocacy with the American Immigration Lawyers Association (AILA). AILA is willing to sponsor her in the EB-2 category. Ame currently has an EB-3 case pending with Bashyam Spiro. Can she ‘port’ her EB-3 priority date?
– Is It Necessary that the Positions between the First I-140 and Subsequent I-140 be ‘Same or Similar?’ - NO
– Ame Told The Managing Partner (Murali) to @#**#()#&$%& as She Left the Firm. We Decide to Revoke her Approved I-140! Can She Port Her Priority Date? - Inconsistent Adjudications
Questions for us?
Thank You For AttendingVISIT OUR MEDIA LIBRARY
Watch this and other webinars anytimehttp://bashyamspiro.com/media/video-webinar-podcast.aspx
For more information, contact:919-833-0840
murali@bashyamspiro.com ame@bashyamsprio.com
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TWITTER: www.twitter.com/bashyamspiro
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