AC21 - Leaving company on my own

K

kriskish

Registered Users (C)
Hi Gurus,
Basic requirements to use AC21 is 140 "MUST BE" approved and 180 days "MUST" pass after applying 485. Here is my scenario.

Applied 140 & 485 on December 22nd. Due to termination of concurrent adjudication rule last week 140 will adjudicated first and then 485 (please correct me if my interpretation is wrong). Say my 140 gets approved in September 2005, that means it fulfills 180 days for 485. my question is "If I leave the company on my own and use AC21 then will it be a problem?". Since my company wants to be with them but work for them in India not in US, I want to be back after getting 140 apporval using AC21. Any comments or suggestions will be greatly appreciated.
Thanks
KK
 
kriskish said:
Hi Gurus,
Basic requirements to use AC21 is 140 "MUST BE" approved and 180 days "MUST" pass after applying 485.
---- you are correct AND you must join new employer with same similar job duties and new employer should give you job offer letter to use AC21
Here is my scenario.

Applied 140 & 485 on December 22nd. Due to termination of concurrent adjudication rule last week 140 will adjudicated first and then 485
------ that is correct
(please correct me if my interpretation is wrong).

Say my 140 gets approved in September 2005, that means it fulfills 180 days for 485.
---yes , at this point you are eligible to use AC21 and can join new employer

my question is "If I leave the company on my own and use AC21 then will it be a problem?".
------- no, if your I-140 is approved and I-485 pending more than 180 days and you get job with new employer with same/similar duties and new employer is ready to give you future permanent job offer letter.


Since my company wants to be with them but work for them in India not in US, I want to be back after getting 140 apporval using AC21. Any comments or suggestions will be greatly appreciated.
1 talk to very good lawyer
2 dont leave US without Approved AP in hand and be back before AP expires.
*** what if your employer withdraws your I-140 after you go out? if that happens then you may not be able to come back with AP.
** if you are on H1 and the employer revokes your H1 petition??
** if you work out of US how they are going to pay? to your US account in US or in India ( clear this with employer before you meet lawyer)
* what about US tax filing????
you need to clear all the above and then post again what your employer says and " unitednations" will help you with tax related questions and others will also guide you.
Thanks
KK
Click to expand...
 
Thansk Ginnu for clearing some of my queries.. Some more in the body text..

1 talk to very good lawyer
Yes I do have a good lawyer.

2 dont leave US without Approved AP in hand and be back before AP expires.
*** what if your employer withdraws your I-140 after you go out? if that happens then you may not be able to come back with AP.
I am working for the same company. They are not going to revoke my 140 for sure as I am employed with them now in US until March 31st and after that I will be working in India with same company. Do you foresee any problems in this scenario? Will travel on AP only.

** if you are on H1 and the employer revokes your H1 petition??
Not sure they revoke my H1?

** if you work out of US how they are going to pay? to your US account in US or in India ( clear this with employer before you meet lawyer)
My position will be terminated here as of march 31st and they are transferring to India office. This is mentioned in the company letter with 140 application.
* what about US tax filing????
I am not sure what you are mentioning here. I have filed last 5 years of taxes and will also file my taxes this year. Not sure whether I am missing something over here?

Please clarify these too.

Thanks Ginnu. You and Unitednations are really really cool guys. I whole heartedly appreciate what you guys are doing out here. Sincere Thanks.
KK
 
Ginnu or UnitedNations Please help

Hi Ginnu or UnitedNations,
Please reply to my previous posting. Thanks a bunch in advance.
KK
 
Ginnu or UnitedNations Please help

Hi Ginnu or UN please help me. I have posted some questions above. Thanks a bunch.
Krishna
 
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