Can a AC21 letter substitute for I-140 withdrawal?

[aws]

Folks,

I know that in a case, when an approved I-140 is revoked by sponsoring employer, the AC21 letter from the new employer can substitute it.

However, I need to know if the same AC21 letter can substitute a pending I140 that is withdrawn by the sponsoring employer.

Bottomline, can a AC21 letter filed for I-485 pending well over 180+ days form a basis for the final GC approval?

Thanks.

 

[bcis]

Go ahead and apply AC21 asap. No rule in AC21...it will be question to Service centers.

Nanshi is your templet........

Folks,

I know that in a case, when an approved I-140 is revoked by sponsoring employer, the AC21 letter from the new employer can substitute it.

However, I need to know if the same AC21 letter can substitute a pending I140 that is withdrawn by the sponsoring employer.

Bottomline, can a AC21 letter filed for I-485 pending well over 180+ days form a basis for the final GC approval?

Thanks.

 

[aws]

logic

logically, if AC21 can substitute a revoked I-140, then what is the reason it can't substitute a pending/withdrawn I-140?

i am just worried if you have to go in the court(?) to sustain your case .

any thoughts?

 

[rkishore999]

aws,

This issue has been discussed in many places and many times. No one has a clear answer.

When AC21 was introduced, there was no concurrent filing. It was introduced, implicitely assuming 140 has been approved as we weren't able to file 485 until 140 was approved at that time.

There has been one update from one of the service centers which said that though, it is not explicitely mentioned that 140 needs to be approved, it is assumed that 140 needs to be approved.

After going through all this, if you are in a desperate situation like company laying you off or something like that, go ahead and take the risk of suing AC21 as there is no other option. But, if you want to change a company for couple of bugs more, I suggest wait for your 140 approval to be safe side.