AC21 question

Y

yeppo

Registered Users (C)
Hi,

One of my friends is getting laid off. He is currently on his H1 and will get another H1 based job. His 140 was approved just a couple of weeks back. He cannot file 485 due to the retrogession for a year I think. His current company will not act to revoke his 140 as his entire department was let go. What are his options.

1) Wait till he can file 485 then use AC21 to move after 6 months of filing. Does he need to be with the employer A (who filed his 140 and now laid him off).

All suggestions are welcome.

Please let me know.

Thanks in advance.

Yeppo
 
He doesn't need to be with empl. A at the time of filing but at the time of I-485 approval - if that should be before the 180 days are up. Afterwards he can invoke AC-21. The risky thing is: what if there's an RFE for paystubs in between or I-485 gets approved?
The new company should hire him under H-1B - then file new LC and I-140 (maybe attach the old I-140 PD) as backup plan. He can still try the AC-21 method, but technically it is not very 'safe'.

yeppo said:
Hi,
1) Wait till he can file 485 then use AC21 to move after 6 months of filing. Does he need to be with the employer A (who filed his 140 and now laid him off).
Click to expand...
 
I think AC21 is only good for pending I-485 > 180 Days. I did change employers after 1 year of my I-485 RD and 6 months of I-140 Approval. Didn't use AC21,waiting for RFE.
Lawyesr suggested not to file as my GC employer is not going to do anything.
 
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