AC21 advice on company takeover

[oops123]

Hello,

Here is the situation:
1. Company A filed I-140 and I-485 concurrently in Aug 02.
2. In Oct 02, Company A was taken over by Company B.
3. Company B filed I-140 amendment immediately (Nov 02).
4. In Dec 03, prior I-140 (from Company A) was approved.
5. I-485 is pending since Aug 02 (it was never amended) and the amended I-140 (from company B) is still not approved (even after 485 days).

I never changed my employer. However after the takeover, I now work with Company B (they continued my employment and filed 140 amendment).

Question: Based on existing approved I-140 from Company A, can I join Company C using AC21 even without having approval for amended I-140 application?

During the last few years, I have renewed EAD and AP twice without any RFEs.

Any thoughts on possibility of using AC21?
Thanks in advance.
Oops123

 

[jaxen2]

TSC has taken a position that I140 has to be approved before exercising AC21 portability. It is a difficult choice.

 

[sb_tiger]

You have a 140 approved and pending 485- that is all you need for AC21. Company B does not enter into the picture- just use A's approved 140.