Can I use AC21 ? Unique Situtation,

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BriarwoodNY

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Can I use AC21 ? Unique Situation,

Hi Friends,

My situation is that I quit GC sponsoring employer before I-140 got approved (September-2000).

They were kind and applied my I-485 for the future job in July-2002 and has been pending for 15 months.

Can I join my present employer using AC21 ?.

If I can then when is the right time to do that ?.

What are documents required to present AC21 ?.

Is my case complicated as I have not worked for the GC sponsoring employer since filing of I-485 , Are there any chances of getting I-485 denied ?.


My H1-B is valid until April-2004, should I use EAD starting April-2004 or should I extend H1-B ?


The Job title in LC is Software Engineer and current title on H1-B with my present employer is DBA but the job duties are same.
I think I can get the future job offer with the same title and / or job duties.


Gurus Please help.


Thank you


Gautam
 
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Thank you Ginnu,

Please reply to what documents I need to send to present AC21 ?

Should inform BCIS now about AC21 or later if there is an RFE ?.


Is there anyone who can help out for self extention of H1-B ?.


Thanks,

Gautam
 
Gautam,
One of my friend had a similar situation and he got his green card.
He didn't applied AC 21 by himself but he got an employment RFE. He replied that RFE without mentioning AC 21 but took employment letters from the old company and the new company with the new company paystubs.

-rajum
 
Thanks Rajum,


I have 2 questions :

What are my AC21 options If I want to staty with present employer ? Should I use AC21 now or wait for the GC Approval through GC sponsoring employer ?.

Is there a way to know that if I would get an RFE ?.


Thanks,

Gautam
 
I have 2 questions :

What are my AC21 options If I want to stay with present employer ? Should I use AC21 now or wait for the GC Approval through GC sponsoring employer ?.
---- If you want to work with current employer after GC who has not field I-140 or LC for you then you need AC21.
---- If you want to work with the original sponsor after GC who filed your LC, I-140 then no need of AC21

Is there a way to know that if I would get an RFE ?.
---GOK
 
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