Ac21 -Please help

S

Sohel

Registered Users (C)
Hello,

I was working for company A and applied for green card from compnay B (Future Employment).
Before I140 get approved, I changed the company to C. After that my I 140 got approved and also I485 has 20 months passed. But After green card, i don't want to join company B(Future GC). but continue with compnay C.

I informed the lawyer of my intention to use AC21 and change future GC processing from B to C but lawyer raised the question saying when i changed the compnay my I140 was not approved so it will not work.

Also now i am facing the problem that compnay C is saying you can not continue here after getting GC as you have to join your Company B otherwise it is fraud . And i don't want to join company B as it is body shopper and current is permemnt compnay?

Thanks,
-Sohel
 
ur question is very confusing

usually people dont want to stress..to read and understand what you might be going thru..and imagine..blah blah..

nothing is clear...

so pl. write the question..in simple way

my 2 cents

-Rama
 
Originally posted by Sohel
Hello,

I was working for company A and applied for green card from compnay B (Future Employment).
Before I140 get approved, I changed the company to C. After that my I 140 got approved and also I485 has 20 months passed. But After green card, i don't want to join company B(Future GC). but continue with compnay C.
------ that is OK send the letter from C to use AC21
I informed the lawyer of my intention to use AC21 and change future GC processing from B to C but lawyer raised the question saying when i changed the compnay my I140 was not approved so it will not work.
------ lawyer is wrong AC21 memo does not say when you left the I-140 or LC sponsor company. Company can file LC I-140 for employer who is NOT working with them GC is for future permenent job and it starts only after GC or I-485 approval.

---- your lawyer needs to read and understand AC21 Memo. take the printout and read it 2-3 times then ask your lawyer where it is wrritten that one needs to be with sponsor before I-485 approval:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
** if the lawyer does not understand go to other good lawyer

Also now i am facing the problem that compnay C is saying you can not continue here after getting GC as you have to join your Company B otherwise it is fraud .
----- I think company C got wrong info from the lawyer, provide then correct info that if you use AC21 and they provide you future permanent job offer letter you are allowed to work with then after I-485 approval. if they dont agree find new company D or go to B

And i don't want to join company B as it is body shopper and current is permemnt compnay?
------- then find other good company and use AC21
Thanks,
-Sohel
Click to expand...
 
Lawyer of Company C which is current company saying that in order to use AC21 we have to provide information to ins as when you joined this company at that time my I140 was not approved so I can not use it.

It's a date problem which date should i provide to INS saying that i joined compnay at this time and I am eligible to use AC21 (I140 approved and 180 days passed for I485)

Thanks,
-Sohel
 
Originally posted by Sohel
Lawyer of Company C which is current company saying that in order to use AC21 we have to provide information to ins as when you joined this company at that time my I140 was not approved so I can not use it.
----lawyer is wrong, you can update USCIS any time or at the time of RFE. give the lawyer copy of AC21 MEMO posted in above thread by me and ask him where does it say that one cannot join new employer before I-140 approval?? one can be working with X and Y can file GC for the employee and no need to work with Y while LC is filed or I-140 is filed, read the MEMO 203 times and if the lawyer does not agree go to other good lawyer. if company C does not belive your new lawyer or USCIS MEMO better to change the company who understand AC21 and have good lawyer.
It's a date problem which date should i provide to INS saying that i joined compnay at this time

------- you dont need to provide info when you joined C, you have to sent your intent change letter that you have changed the intent and would like use AC21 becase your I-140 is approved ANd I-485 is pending more than 180 days and would like to work full time on permanent postion with C after I-485 approval AND comany C letter that they have perment job offer for you and your skills will be ........ and they will employe you on permenent position after I-485 approval.



and I am eligible to use AC21 (I140 approved and 180 days passed for I485)

Thanks,
-Sohel
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