AC 21 help needed

[newkidhere]

Hi,

I got my GC process sponsored by a company for future employment. My 140 and 485 filed concurrently on Sep 04. Now my employer wants to withdraw the 140 petition as he no longer gets project in my skill set. I have requested not to withdraw the 140 but in vain.

Can I file AC-21 with my present employer at this juncture but its not yet 180 days complete and my 140 is not approved yet.

Gurus could you please help me providing a piece of advise to get this process going as I hate to go through from Labor again with another company.

Thanks

 

[EricS]

Hi,

I got my GC process sponsored by a company for future employment. My 140 and 485 filed concurrently on Sep 04. Now my employer wants to withdraw the 140 petition as he no longer gets project in my skill set. I have requested not to withdraw the 140 but in vain.

Can I file AC-21 with my present employer at this juncture but its not yet 180 days complete and my 140 is not approved yet.

Gurus could you please help me providing a piece of advise to get this process going as I hate to go through from Labor again with another company.

Thanks

You cannot file AC-21 as it is not 180 days to 485 filed and 140 is not approved.

That said:
Lets think on some other alternatives. From your post, it looks like you are with a sort of Desi consulting company. Your future employer is not getting a project in your skill, fine. Are you out of project right now? If so why don't you try yourself? What is your agreement with your future employer, will you be on percentage basis or on fixed salary. If you want send me a PM and tell me your skill set, I will try to help you. Please remember, it is your future and you are the one who will have to work for it. So do not waste time, spice up your resume and jump into the job market. You will have to convince your employer that you are still marketable. You will have to do so atleast untill 485>180 days and 140 approved, then you are good to. But, you still need to work hard, improve your skill set and be in the market. Thats what US is.
If you don't believe, send me a PM, I will tell you my skill set and you would wonder if that thing is still being used. So do not loose heart, act quickly and find a project for your future employer, and let him start making money, after all he is doing your GC .

Best of Luck!

 

[painful140]

i have similar situation like yours before. If you want, send me PM to share my experience with you.

 

[dasarihp_newid]

You can do one more thing..

you probably now need to be on payroll for 2-3 more months to be free.. What I would do is, I would try to find out if there are any friends that have a registered company, then pay them like say 10-15000 dollars, and ask them to pay as hourly rate to your company. Say your company will recieve $55/hr, or whatever rate your company will be happy with. and you will get some salary..You will just say that you found a new project for one year at this rate and you are interested in joining the company.

Usually, the payment goes from client to middle company to your company after 1 month or so, so your company will recieve payment after 1 month and so is your salary.. once your I-140 is done and 6 months on I-485 passes, tell that client is no more interested and the project has come to an end..

you will loose some money, but if this works out , you will be free in 2-3 months..

 

[gcdesi]

That is no good scene. I do agree with Eric statements on marketing yourself and join your employer at earliest to avoid any time delays. But my question is how did he let you file 140/485 w/o joining his company? My few cents..If you have that kind of reputation and if you have the intention to join him at all in future, you should make use of it and get resolved.

 

[newkidhere]

I had a good reputation and I had the intention to join. But the attorney did not somehow felt comfortable with the whole deal and insisted that this petition be withdrawn. The worst thing is he is my attorney too as I have engaged him in filing all these at my own cost.