Ac-21

[nasreen]

Hi,

My husband is the primary applicat of I-485 he quit the company who sponsored his GC less than 180 days actually he completed 172 days. He was not aware of the INS rules and he didn't have any other choice except quitting as the sponsored company wanted him to go back to India.

Now attorney says he cannot file AC-21 with new company. I am so worried what will happen during interview as our case is transferred to local Chicago INS. Anybody had similar experiences.

Any practical solutions. Your suggestions are worth to our situation.

Thanks for your help in advance

 

[cala]

Hi,

My husband is the primary applicat of I-485 he quit the company who sponsored his GC less than 180 days actually he completed 172 days. He was not aware of the INS rules and he didn't have any other choice except quitting as the sponsored company wanted him to go back to India.

Now attorney says he cannot file AC-21 with new company. I am so worried what will happen during interview as our case is transferred to local Chicago INS. Anybody had similar experiences.

Any practical solutions. Your suggestions are worth to our situation.

Thanks for your help in advance

Did he get I-140 approved? Did the former employer withdrawed I-140 within 180 days? If he got I-140 approved and the employer did not withdraw I-140 within 180 days (most likely not, since the time he left was already 172 days), he should be ok with new employer's EVL to invoke AC21.

 

[nsc_green_card]

Please see this new interim rule

Nasreen,

I think you husband should be OK as long as the I-140 is not revoked before 180 days of 485.

Please see this interim rule for more details. (especially Section-I, Question-10)

 

[nasreen]

Thanks

Thanks a lot for your time and value added suggestions. His I-140 is not revoked. But his new employer attorney says filing AC-21 before completing the 180 days may trigger red flags. That's where confusion is what to do? the PDF attachment has point which gave me so much hope, can you please tell me whether this is finalized and where can I find such information.
Appreciate your help.