AC-21 question on concurrent case, Ginnu, hmd, UN and other gurus pls help!

The-Dude

Registered Users (C)
Hi, my current employer concurrently filed I-140/485 application for me on 10/27/2004 (EB2, CSC). My I-140 was approved on 05/13/2005. Now I got an offer from another well-established company, with a 15% higher salary and similar job function. Right now I'm still on H-1B which expires in April 2006.

I've been reading the posts on this forum, and looks like I should be able to use AC-21 to continue my I-485 process.

My questions are:

1. Based on your experience, is there a great chance of I-485 denial for cases like mine (I couldn't seem to find many successful AC-21/concurrent cases)?

2. I saw someone mentioned that during the March 2005 USCIS liaison meeting, USCIS says they are going to clarify the 180-rule for the concurrent filing cases, which means whether it should be counted from the day I-485 is filed or from the day I-140 is approved.

Do you gurus think this is going to be a major concern and can possibly have a negative impact on cases like mine?

3. What if my current employer doesn't revoke my I-140 and my I-485 gets approved after I join the other company? Will I be in trouble?

I really appreciate your help and your time answering all the questions on this forum. And you guys have been extremely helpful!!
 
Last edited by a moderator:
The-Dude said:
Hi, my current employer concurrently filed I-140/485 application for me on 10/27/2004 (EB2, CSC).
My I-140 was approved on 05/13/2005.
Now I got an offer from another well-established company, with a 15% higher salary and similar job function.
Right now I'm still on H-1B which expires in April 2006.

I've been reading the posts on this forum, and looks like I should be able to use AC-21 to continue my I-485 process.
--------------------- if your I-140 is approved and I-485 is pending more than 180 days you are eligible to use AC21 if you have permanent job offer from new employer with same/similar job duties
My questions are:

1. Based on your experience, is there a great chance of I-485 denial for cases like mine (I couldn't seem to find many successful AC-21/concurrent cases)?
-----------why do you see "great chance of I-485 denial " if you get similar job offer and employer is ready to give you similar permanent job offer letter and you update USCIS to invoke AC21??
2. I saw someone mentioned that during the March 2005 USCIS liaison meeting, USCIS says they are going to clarify the 180-rule for the concurrent filing cases, which means whether it should be counted from the day I-485 is filed or from the day I-140 is approved.
----------------- till date USCIS is acting according to august 2003 Memo
Do you gurus think this is going to be a major concern and can possibly have a negative impact on cases like mine?

3. What if my current employer doesn't revoke my I-140 and my I-485 gets approved after I join the other company? Will I be in trouble?
----------- I will use AC21 BEFORE I-485 gets approved
I really appreciate your help and your time answering all the questions on this forum. And you guys have been extremely helpful!!
 
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