A complicated case, Need you advise!

[buckmaster]

My I-485 RD: 03/24/2003,
My I-140 AD: 07/14/2003.

I was laid off on 10/22/2003, >180 days after my I-485 RD. In my I-485 application, my wife was included as dependent. I'm still jobless now.

My wife filed her own I-140 with her company and
Her I-140 AD: 02/11/2004

We filed a Flip-Flop request(to change our application to base on my wife's approved I-140. My wife becomes principal applicant, and I becomes the dependent.) on 02/28/2004.

Right now, my wife's company is very unstable. It might bankrupt any time. Her boss said it may survive for several months, but couldn't guarantee it. But definitely he won't withdraw my wife's approved I-140.

So my wife started jobhunting, and got an offer from another company in a DIFFERENT region.

Can my wife accept this offer by using AC21?
How does 180 days count in our case? From my I-485 RD(03/24/2003), or from our Flip-Flop request filing date(02/28/2004).


Your reply will be highly appreciated!

 

[krishnaGopal]

buckmaster,

If your 485 has been pending for more than 180 days you are eligible to use AC21.

This means that technically you dont need to be with the company for 180 days. For Ex you filed 485 in Jan 2003 and in Feb 2003 (after 30 days after 485) you got laid off and joined another company and if your 485 has not been approved till June 2003 then you are eligible for AC21.

Only thing which matters is that you shold have a similar job (titile/duties/wages).

 

[buckmaster]

krishnaGopal,

Thanks a lot for your reply!

Since we already filed Flip-Flop request, my wife is the principal applicant now, do you still think I can use AC21 to join a new company?

Can my wife use AC21 to accept the offer now?

Thanks

Originally posted by krishnaGopal
buckmaster,

If your 485 has been pending for more than 180 days you are eligible to use AC21.

This means that technically you dont need to be with the company for 180 days. For Ex you filed 485 in Jan 2003 and in Feb 2003 (after 30 days after 485) you got laid off and joined another company and if your 485 has not been approved till June 2003 then you are eligible for AC21.

Only thing which matters is that you shold have a similar job (titile/duties/wages).