AC-21 intersting scenario - need help

[deepster]

I had filed for I-140 through labor substitution through employer A in May, 2002. I subsequently file for concurrent 485, EAD, AP through the same employer in August, 2002...

In february, 2003 I got a permanent offer with Company B and joined them. I had enough cushion from my previous contracts for Company A to continue my payroll. In May 2003 my I-140 was approved. So from February I have payroll from both Company A and B.

Company A can no longer process my payroll and I would like to file an AC21 and move my application to company B.

two queries

I realized that the day I joined Company B i had completed 178 calendar days since my I485 receipt data and 172 since my notice date. I am assuming the 180 days represents the days for which the I-485 has been pending before you can apply for AC21 and not the period after which you can change jobs (as it for future employment any way)...

From the AC21 templates in this forum I see that folks are mentioning

start date, salary, job description and prospects for future employment (with start date typically after 180 days)....

Since my start date is before 180 days (even though now I am well past 180 days) would this be a problem....

since technically I have payroll from Company A till now I have technically worked for Company A for 180 days and beyond as well as joined company B before 180 days...

Curious scenario ? Any thoughts....

 

[mavishka]

To keep things plain and simple, the 180 days rule starts from your 485 RD, and to take advantage of AC21 your 485 should remain unadjudicated for at least 180 days from your 485 RD. It's got nothing to do with when you changed jobs, whether it's 172 or 178 days, as long as your 485 was unadjudicated for 180 days from your 485 RD. Hope that makes sense.

Also, AC21 is not a form that you file, it's a law. In case of an RFE, you'll need to state that as per AC21 you have changed jobs since it's more than 180 days since you filed your 485.

 

[waytoolong]

Mavishka is correct - deepster, your case cannot be made any easier for BCIS to approve

 

[tammy2]

If any of the details are not matching just do not put it. You can just you working this company without including start date. Same holds good for title also. If title are not matching do not put on paper just he is woking with and responsibility