180 days - AC21...?

W

Wrangler

Registered Users (C)
Hi All,

According to the AC21 statement, the applicant MAY or MAY NOT work with the GC sponsoring employer during the entire GC processing stage. GC is being treated as future employment...which is 100% true.

Now for a future employment case, how does the AC21-180 day rule apply:

1. If the applicant hasn't worked for the sponsoring employer?
2. If the applicant was working for the sponsoring employer on H1 B Visa in
the past. However the GC processing was initiated/continued with good
intention to hire after GC approval (even after the applicant moving to a
different company by transfering H1 B Visa while GC process is pending)
and now

PS: In case 2, the sponsoring employer is out of business now....and that's
why AC21 comes in play.


Please Advise!
 
Very good questions.
Now, this "future employment" thing is not very popular, and I don't think CIS considers it much. I believe that if your case is still with the NSC (in this case), EVL might be sufficient, but if transferred (my worst nightmare) then you could be in trouble and need a darn good lawyer .

Maybe our friend here UnitedNations can provide some insights.
 
Thanks npnjan02. Special thanks to unitednations for giving a detailed reply.
Let me brief my case and need some advise as I need to deal my GC case very carefully!.

1. Worked with Company 'A' on H1 B visa (GC Sponsorer) from 1999 thru May 2002
2. H1 B Transfered to company 'B' in Jun 2002 & worked until April 2003.
3. I-140 RD Mar 2002
4. I-140 AD Jan 2003
5. I-485 RD Mar 2003
6. H1B Transfered to Company 'C'
7. Company 'A' doesn't exist now!

When filed I-485 in Mar 2003, attached the Sponsoring employer's letter (see below) dated in Sep 2002 (please note I was planning to file my I-485 in sep 2002 before I-140 approval as con-current filing was introduced by that time & I was waiting for few months as there was an RFE on my I-140 and later used the same letter dated in Sep 2002 for filing I-485 in Mar 2003)

Also would like to inform that in my Biographic information form, I haven't mentioned about Company 'B'. Just said working with Company 'A' From-Date to present.

****************************************************************
Date

RE: Name

To Whom It May Concern:

XYZ, Inc. has made an offer of full-time permanent emplyment to Mr.ABC at a wage as stated under the terms and conditions of his Application for Alien Employment Certification. This offer is still open and we will continue to employ Mr.ABC even after his status is adjusted as a Permanent resident.

Sincerely,

XXXXXXXXX
Title
****************************************************************

Please advise on the type of RFE's anticipated and any piece of information will be treated as a valuable input for my further proceedings!

Many Thanks......
 
Thanks again unitednations. Not sure whether Company 'A' has filed any document to the relevant authorities for closing doors. In June 2002 got my H1 B transfered to Company 'B' and remained in touch with Company 'A' as my GC was getting processed thru them. As you said USCIS will have my H1 history.... Even though I was working for Company 'B' since June 2002, I had valid Visa (and H1 extn approval) until Mar 2004 from Company 'A'. So I was never out of status!.

What should I do now to be prepared like having any documents handy to tackle interview / RFE's?
 
Maybe I am missing this, but in short - did you ever use company B for your H1, and/or for the GC. Also, did you have "similar job etc" in company B?

This is again question for unitednations, but what happens if in company B (in the above case) you don't have the same position, but let's say, you took the job at a bad economic time? But (again the case above) in company C you have the same job as in the petition.
In short, would working for company in not same/similar position bring a case down, even though currently you're in position as in LC?
 
unitednations said:
All the rules governing ac21 and greencard dictate that it is for a future job.

Therefore, once you meet the threshold of ac21 (140 approved, employer willing to hire you up until that point and 485 o/s more than 180 days), all you need at this point is to line up a job that meets requirements of labor that is same/similar job.

You don't need to even be working with that employer. You could sit at home, unemployed, start a business, etc. However, the end job once 485 gets approved has to be same/similar for ac21 purposes. Ofcourse, if you are sitting at home unemployed, uscis could ask for employment verification letter and it can be from a company other then who you are working for now.

USCIS does in cases of ac21 ask for paystubs for the end employer. Even though you don't have to work for the end employer until 485 gets approved they sometimes still ask. Reason they do this is that they are highly skeptical that you do have a job lined up and that you are just getting a friend/acquaintence to give you a job offer. Even if they wanted to see paystubs and you say you are not working yet for that employer then it could trigger another RFE to prove that the ac21 employer has ability to pay. Therefore, in order to mitigate this one should send in some paystubs to prove that end company has ability to pay.

Wrangler, main thing I would get is from Company A is a confirmation that when 140 was approved and 485 o/s for more than 180 days they held a job offer open for you. Be creative if you know what I mean. This will be crucial if uscis questions intent. I wouldn't send it in but only if asked in the case of an interview.
Click to expand...

Too good to be true? Maybe.

I only know that at a possible interview, you need a darn good lawyer to convince the IO that indeed you're not violationg any laws, and to get them to approve your case at once, instead of taking the case back for review etc.
 
Thanks unitednations for your indepth study and valuable replies. After reading all the above postings what I understood that please correct me if I was wring..

1. Green card is completely for future job req, and there is no need to work for that company till getting green card.

2. After getting I-140 approval and if I-485 is pending in between 6M-9M there wouldn't be any problem to work for any other company(I am also assuming if both I-140/485 filed together the period also maximum 9months). It would be much safer(Using AC21) if I-140 got approved..

3. What if a person is working for company B on H1B but that company never filed any GC for him/her, could he/she be able to work for B with EAD? Is there any problem for I-485 approval or does company B have any issue to allow him/her with EAD (H1B 6Th year ends).

4. Is there any chance for getting RFE for the same from CSC? If we get how do we justify with immigration officer?

Sorry, if I am asking the smae questions which were already replied by you previously. It would be very helpful if you point me or provide me those details

Thanks,
mbabu

unitednations said:
All the rules governing ac21 and greencard dictate that it is for a future job.

Therefore, once you meet the threshold of ac21 (140 approved, employer willing to hire you up until that point and 485 o/s more than 180 days), all you need at this point is to line up a job that meets requirements of labor that is same/similar job.

You don't need to even be working with that employer. You could sit at home, unemployed, start a business, etc. However, the end job once 485 gets approved has to be same/similar for ac21 purposes. Ofcourse, if you are sitting at home unemployed, uscis could ask for employment verification letter and it can be from a company other then who you are working for now.

USCIS does in cases of ac21 ask for paystubs for the end employer. Even though you don't have to work for the end employer until 485 gets approved they sometimes still ask. Reason they do this is that they are highly skeptical that you do have a job lined up and that you are just getting a friend/acquaintence to give you a job offer. Even if they wanted to see paystubs and you say you are not working yet for that employer then it could trigger another RFE to prove that the ac21 employer has ability to pay. Therefore, in order to mitigate this one should send in some paystubs to prove that end company has ability to pay.

Wrangler, main thing I would get is from Company A is a confirmation that when 140 was approved and 485 o/s for more than 180 days they held a job offer open for you. Be creative if you know what I mean. This will be crucial if uscis questions intent. I wouldn't send it in but only if asked in the case of an interview.
Click to expand...
 
Unitednations,

Thanks for the reply. In my case Company 'A' doesn't exist now. As you said it would be good to have a letter from Company 'A' as a confirmation for intent that when 140 was approved and 485 o/s for more than 180 days they held a job offer open for me.
Let me see what could be done on that and even as you said if am able to get it, let me not send it but only if asked in the case of an interview or RFE.

Also I feel not to proactively inform USCIS about Company 'B' that has been not mentioned in my biographical data. What do you think?

Thanks.....
 
what if 485 is approved based on future employment and didn't work for that company after approval?
 
If the case is approved, then there wouldn't be any problem. However it is generally advised to work for atleast 6 months with the sponsoring employer.
 
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