Can I use AC21 section 106(C)

R

rb180

Registered Users (C)
My previous employer filed my I-140 and going to file for I-485 and told me that, After I-485/I-551 Approval, you must join us.
In my case, My current employer is a prefered vendor for the client, So I transfered my VISA and Payroll but there is mutual understanding between my current employer and previous employer, thats why my previous employer is doing my GC but my previous employer who is my GC Sponser told me that after I-485/I-551 Approval, I must join them.
But I don't want to join my previous company bcos already I worked with my previous company for 4 years. So can I use AC21, So that there is no need for me to join my previous company, and after 180 days passed for filing I-485, I can inform about my current employer.
Also I read Under AC21, section 106(C) that there is no need to join the GC sponser even if u never worked for them but in my case I already worked with my GC Sponser.
So Please help me out that would be really great for me.

Thanks,
rb180
 
You must work for sponsoring employer for at least 6 mo. after filing 485-> to be eligible for AC21. OR you must work for the sponsoring employer after you get GC-I think that also is at least 6 mo. It does not at all matter how much you may have worked for him the past.
From what you write this does not seem to be your situation.
HTH
 
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But AC21 section 106(C) says that there is no need to join sponser even if you never work for them or also after I-485/I-551 Approval.
So Can I use AC21 106 (C) under 204(j).
Also I heard that in the market, there are lot of companies doing GC only and you don't have to work for them.
So how much its true in reality?

Thanks,
rb180
 
The exact language of the act is:
... In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

So you can do without working for any employer before during or after. :cool:

But the preceding para is:
If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of §106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately.

Whenever terms like intent and discertion are thrown in- one must be careful. The general opinion- including that of big lawyers is- you must work for the sponsor. The flexiblity that AC21 indicates may come into play- you must have a very genuine/justifiable reason why you are not working for them. I would think- your 'understanding and/or preference' with your various employers may not be a genuine enough reason.

Lawyers or people who have specifically gone thru it - can actually tell how BCIS is actually interpreting/implementing this. But once again you may be at the mercy of the discretion of the adjuactiong officer. :confused:

(I am neither a lawyer nor an authority- I am one of you)

HTH :eek:
 
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Thank you Tiger for your reply
My Current employer is saying that after 180 days of filing of I-485 Application by my previous employer, We can Inform INS that you are joining us under AC21. So that there is no need to me to join my previous employer before/after I-485 Approval.
My Employer is saying that AC21 can be applied in my case such that my previous company getting paid from my current employer, who is a prefered vendor for the client, So my current employer is saying that we can provide letter/accounting statement to INS that, I was with my previous employer though my VISA and PAYROLL with the current employer at the filing of I-140 & I-485 and I actually moved to my current employer after 180 days passed for my I-485 Application.
So is this possible??, My current employer is going to consult with his lawyer for this.
So Please let me know, this can be done/possible??

Thanks,
rb180
 
My Current employer is saying that after 180 days of filing of I-485 Application by my previous employer, We can Inform INS that you are joining us under AC21. So that there is no need to me to join my previous employer before/after I-485 Approval.
----------- Your employer is partly correct, he did not inform you that I-140 from previous employer should be approved AND I-485 should be pending more than180 days to use AC21. If your previous employer revokes I-140 before approval you cannot use AC21.
My Employer is saying that AC21 can be applied in my case such that my previous company getting paid from my current employer, who is a preferred vendor for the client, So my current employer is saying that we can provide letter/accounting statement to INS that, I was with my previous employer though my VISA and PAYROLL with the current employer at the filing of I-140 & I-485 and I actually moved to my current employer after 180 days passed for my I-485 Application.
So is this possible??, My current employer is going to consult with his lawyer for this.
So Please let me know, this can be done/possible??
------ The best scenario to use AC21 is I-140 approved and I-485 pending more than 180 days AND future permanent job in same and similar occupation, then you can inform USCIS that you changed the employer and can send letter from new employer
Take the print out and Read the AC21 august Memo:
http://www.usavisanow.com/8-13-03-140-485.pdf
 
Ginnu,
Based upon I-140 Approval, only my current employer will inform INS about change of employer. I am going to consult with Lawyer in this regard.
So please let me know if you know about such cases that would be great for me

Thanks,
rb180
 
I will change employer after I-140 approval AND I-485 pending more than 180 days. I will not take the RISK because past employer may revoke I-140 any time bore approval. Then I may have to start GC process from beginning. Read the AC21 Memo in detail.
 
Ginnu,
In my case, I already on my current employer H1 and my past employer cancelled my H1- VISA who filed my I-140 and going to file I-485 and my past employer not going to cancel/REVOKE my I-140.
So In my case, Can I use AC21 such that after 180 days passed after filing my I-485 Application, my current employer will inform INS that he is going to employ me under AC21.
So is this possible under AC21, Please let me know
Also if somebody was/know about such type of situation, please let me know that would be really appreciated

Thanks,
rb180
 
Ginnu,
In my case, I already on my current employer H1 and my past employer cancelled my H1- VISA who filed my I-140 and going to file I-485
---- employer is not going to file I-485, YOU have to file I-485 it belongs to YOU
and my past employer not going to cancel/REVOKE my I-140.
So In my case, Can I use AC21 such that after 180 days passed after filing my I-485 Application, my current employer will inform INS that he is going to employ me under AC21.

**** Dear you don’t have I-140 APPROVED AND I-485 pending more than 180 days to use AC21
So is this possible under AC21?

*** it this stage you are NOT eligible for AC21, let I-140 gets approved AND I-485 should be filed and should cross more than 180 days
 
Ginnu,
My Current Employer will inform INS after 180 days crossed after filing I-485 only also after I-140 Approved only.
So In my case, Can I use AC21???

Pl.let me know

Thanks,
rb180
 
Ginnu,
My Current Employer will inform INS after 180 days crossed after filing I-485 only also after I-140 Approved only.
So In my case, Can I use AC21???
------ You can ONLY use AC21 after your I-140 is approved AND I-485 filed AND pending more than 180 days and you get Same/similar job. This info is based on August 4 AC21 MEMO. Remember no final AC21 rules are published till date.
At this time you are NOT qualified for AC21.
You have only 2 options:
1 stick to the employer who filed I-140 and it gets approved and your I-485 should hit 180 days then change the employer and don’t forget to take I-140 approval receipt or I-1`40 filing receipt and LC approved copy particularly the form ETA750A because that has your skills written on it.
2 join new employer with H1 transfer and also start the new LC from new employer as back up.

You are posting the same question again and again and you don’t understand that to use AC21 I-140 should be approved and I-485 should be filed and cross 1 80 days. I hope still your I-140 is NOT approved and I-485 is not filed and you want to claim AC21 and that is not possible according to latest info for AC21.

go to good lawyer if you have more concerns and questions
 
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Ginnu,
In my case I-485 will be filed by my past employer, means my current Employer is going to tell INS after 180 days passed that I am a employer under AC21.
So is it possible??
Please let me know

Thanks,
rb180
 
Ginnu,
In your reply you said " don’t forget to take I-140 approval receipt or I-140 filing receipt and LC approved copy particularly the form ETA750A because that has your skills written on it.

how imp is to have these, can the old employer disagree to give it, can i have it from USCIS
 
In your reply you said " don’t forget to take I-140 approval receipt or I-140 filing receipt and LC approved copy particularly the form ETA750A because that has your skills written on it.

How imp is to have these, can the old employer disagree to give it, can i have it from USCIS
----- ETA 750A is important so that your new lawyer can draft a letter for same/similar job looking at the ETA750A filed with LC, employer May not give it, you can get it from federal DOL under FOIA, you can also get it from USCIS under FOIA but they take time.
 
I don't think AC21 is at all so complex.
After your 140 is approved and 485 is pending for 180 days you can invoke AC21. You do not necessarily have to inform BCIS at this stage (you are expected to). You inform BCIS and not your new employer. The new employer only provides some supporting documentation.
HTH
 
if 485 filed by non current employer then AC21 can be invoked by current employer?? So that Current employer will inform INS that I am employing under AC21, Also after 485 approval, do I need to join the GC Sponser?
your reply would be greatly appreciated

Thanks,
rb180
 
Your new employer becomes your GC sponsor via AC21. If you are already working for him- just continue to do and you must.
HTH
 
Your new employer becomes your GC sponsor via AC21. If you are already working for him- just continue to do and you must.
------ Employee should have I-140 APPROVED and I-485 pending more than 180 days then only the new employer can invoke AC21. If I-140 is not approved and I-485 not pending more than 180 days then new employer CANNOT invoke AC21 because employee is not eligible for AC21.
 
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