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Can I apply for AC21 Portability?

Bolingbrook, IL |
Filed under: Immigration

Currently I am working on EAD with my company (expires on 10/11/2010) and applied for renewal of EAD on 06/10/2010. Also I have a pending H1B renewal with my current employer from past 2 years (applied in May 2008, the original h1b expired in 11/2008). Now I am planning to change jobs (and my I-140 approved 11/2007) and my I-485 (receipt date is 08/2007).
Can i apply for AC21 protability? What are the risks in applying AC21 when there is not backup H1B. Also the SOC codes for my current and jobs are 15.1030 and 15.1051 as per DOL occupation handbook. Is there any issue with applying for AC21 n this regard.

Attorney Answers 2


What exactly is your current status?
You mention you are working for your own company, is this on an L1?
Did you work with the H1B?
Who is the employer you are porting to?
Of course the case needs to be reviewed in more details.
You are welcome to use the link provided to contact me for a discussion of your case.

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You really need a lawyer to help you with this. You have a complex case and need to seek the assistance of an immigration lawyer in your local area. Phone consulations and internet advice are not sufficient to fully advise you on your particular matter because documents need to be reviewed and many questions asked and answered. Immigration matters are complex and require individual attention and analysis.

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Thanks for the details. I need the following.. 1. If I have to use EAD, What is the process to file AC21? What information needed from new employer? 2. After 09/28/2012, can I be without payroll until I get new job? 3. In feature, what issues can arises if I am on EAD? 4. If I move on to EAD for employer E1, is it possible to maintain the H1B active. How can I do that? 5. Is it possible to transfer my H1B to new employer E2 and run the payroll?

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