Can I use AC21 in this scenario?

A

asj000

Registered Users (C)
My GC sponsoring company AAA applied for my 140/485 in Sept 2005. I then joined the sponsoring company AAA in Nov 2005, almost a month after they filed the 140/485.
My 140 is approved now and it's been more than 6 months since my 140/485 was filed. I would like to change employer now and join a new company BBB in a similar job. Do I qualify to file AC21?

The company AAA's lawyer says that I cannot use AC21. He says that AC21 doesn't apply to my case at all since I joined the sponsoring company AAA after my 140/485 was filed and so my GC case is a future employment case. He seems to be very confident about what he's saying.

Pl advise.
 
asj000 said:
The company AAA's lawyer says that I cannot use AC21. He says that AC21 doesn't apply to my case at all since I joined the sponsoring company AAA after my 140/485 was filed and so my GC case is a future employment case. He seems to be very confident about what he's saying.
Click to expand...

The last Yates Memorandum explicitly states that alien need not have EVER been employed by the sponsoring entity in order to claim AC21 benefits.
 
asj000 said:
The company AAA's lawyer says that I cannot use AC21. He says that AC21 doesn't apply to my case at all since I joined the sponsoring company AAA after my 140/485 was filed and so my GC case is a future employment case. He seems to be very confident about what he's saying.
Pl advise.
Click to expand...

You have clearly demonstrated your willingness to work for GC sponsoring company. Moreover, as per Yates, you dont have to really work for AAA.
 
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