AC21 and substitute labor

[VSCNarik]

Just wanted to share the information with all my fellow applicants. Last month i was very desperate after hearing that Priorty dates retrogressed for EB-3 category to jan 2002. My PD is Feb 2003 and 485 filed in June 2003.
I contacted a high profile Attorney regarding using AC21 and here is the info i got:

It is very risky to apply AC21 with a labor substitution case as the Attorney said they have been seeing a pattern of rejections if the I-140 was revoked by the employer. Whereas with a normal labor the attorney said it will be ok to use AC21 and they have seen a very high rate of approvals.

This info is not to scare any one. Please consult an Attorney before using Ac21 as it seems to be not very obvious in case of substitution and the effect of retrogression.

Guess what mine is a substitute labor. So help me God.

 

[SirZKaGC]

Mine is also an identical condition & want to move to another employer ASAP.
Can some expert suggest what all should we take care of so that our case doesnot go under complications.

Am Bit confused: I heard employer cannot revoke I140 once it is approved & I485 have been pending for 6months, what if it is concurent filing?

 

[tammy2]

Just wanted to share the information with all my fellow applicants. Last month i was very desperate after hearing that Priorty dates retrogressed for EB-3 category to jan 2002. My PD is Feb 2003 and 485 filed in June 2003.
I contacted a high profile Attorney regarding using AC21 and here is the info i got:

It is very risky to apply AC21 with a labor substitution case as the Attorney said they have been seeing a pattern of rejections if the I-140 was revoked by the employer. Whereas with a normal labor the attorney said it will be ok to use AC21 and they have seen a very high rate of approvals.

This info is not to scare any one. Please consult an Attorney before using Ac21 as it seems to be not very obvious in case of substitution and the effect of retrogression.

Guess what mine is a substitute labor. So help me God.

Your attorney's opinion does not make any sense. If the I-140 is approved and I-485 is pending for more then 180 days you can change the job using AC-21 provisions. It does not matter what kind of Labor is that.

 

[vibrant]

Just wanted to share the information with all my fellow applicants. Last month i was very desperate after hearing that Priorty dates retrogressed for EB-3 category to jan 2002. My PD is Feb 2003 and 485 filed in June 2003.
I contacted a high profile Attorney regarding using AC21 and here is the info i got:

It is very risky to apply AC21 with a labor substitution case as the Attorney said they have been seeing a pattern of rejections if the I-140 was revoked by the employer. Whereas with a normal labor the attorney said it will be ok to use AC21 and they have seen a very high rate of approvals.

This info is not to scare any one. Please consult an Attorney before using Ac21 as it seems to be not very obvious in case of substitution and the effect of retrogression.

Guess what mine is a substitute labor. So help me God.

As per My Knowledge, there is no saperate AC21 Law for Sub Labor cases. it says, you can port new employer with I485 Pending more than 180 days with similar or same Job. Now your previous employer can still revoke I-140(All Desi companies are good at it), if you file for AC21 by then, you should be good. else the Service center should send NIOD(Notice of Intent to deny) before denying your Application. Now your lawyer should send details of new Employement and related details. Consult good lawyer and see what he says.