AC21 eligibility?

[dududidi]

I read the new AC21 memorandom.
Here is a quote from it
"In call cases an offer of employment must have been bona fide(I do not know what these words mean), and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment"

I concurrently filed I 140 and I485 in September, 2002. Got laid off in October 2002. I140 approved in June 2003.

So my understanding is that when I140 was approved, my employer had no intent to employ me upon adjustment, since he laid me off long ago.

If this understanding is true, I am not eligible for AC21. What do you think?

Thanks

 

[tammy2]

I am also in the same situation as you. I spoke with attorney. They are of the opinion that this memo talks about revocation of I-140 only. If your is I-140 not revoked then you need not worry. Change of the intent is not proved unless your company informs BCIS. Hence it should not affect.

That was the opinion of attorneys. Let hope for the best and wait.