I read it on Murthy.com sometime back that TSC has clearly mentioned in one of the meetings with AILA that to use AC21 you need to have I-140 approved. I dont have the link to that thread. Even my attorney has categorically adviced me against it. My intent with this is to share the information but if you HAVE TO use AC21 than you just have to. As Rajiv pointed out, you probably can argue on technicality but will you win it is anybodys guess
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