A new AC21 question -- GURUS step up.

[dashDurai]

Gurus:

Question is that my close friend has used "pre-approved" (Substitute) labor for filling 140 and 485.

Is he is eligible for AC21?

Is there any guideline for "pre-approved" (Substitute) using AC21?

His 140 have approved 3 months ago ... he is already with the employer for almost 250 days...

Can he go head and use AC21?

Please reply

Thanks
dashDurai

 

[saigc]

Question is that my close friend has used "pre-approved" (Substitute) labor for filling 140 and 485.

Is he is eligible for AC21?
which part of ac21 you are talking about. if its for filing 7th or Nth year h1 extension then that subsituted labor should be been filed 365 days prior to filing your 7th or Nth year h1 extension. if its for transferring to another employer then yes provided your new position is same or similar and you have i485 pending for more than 180days. its also better to wait till i140 approval as your employer may try to withdraw the i140 if you choose to leave them using ac21.
Is there any guideline for "pre-approved" (Substitute) using AC21?

His 140 have approved 3 months ago ... he is already with the employer for almost 250 days...

Can he go head and use AC21?
yes but you should have a copy of that labor to know what the title and salary is.