AC21-180 Days rule.....?

[Wrangler]

Hi All,

According to the AC21 statement, the applicant MAY or MAY NOT work with the GC sponsoring employer during the entire GC processing stage. GC is being treated as future employment...which is 100% true.

Now for a future employment case, how does the AC21-180 day rule apply:

1. If the applicant hasn't worked for the sponsoring employer?
2. If the applicant was working for the sponsoring employer on H1 B Visa in
the past. However the GC processing was initiated/continued with good
intention to hire after GC approval (even after the applicant moving to a
different company by transfering H1 B Visa while GC process is pending)
and now

PS: In case 2, the sponsoring employer is out of business now....and that's
why AC21 comes in play.


Please Advise!

 

[TheRealCanadian]

Now for a future employment case, how does the AC21-180 day rule apply: If the applicant hasn't worked for the sponsoring employer?

No differently. The latest Yates memorandum on the subject explicitly raised this possibility, and said that such a case was approvable.

However the GC processing was initiated/continued with good intention to hire after GC approval (even after the applicant moving to a different company by transfering H1 B Visa while GC process is pending)and now In case 2, the sponsoring employer is out of business now....and that's why AC21 comes in play.

Provided that there was bona fide intent and capability on both parties at the time the I-140 was approved, you should be fine. If the sponsor went out of business before the I-140 was approved, this could be a problem.