Can I USE AC21 when I left the Sponsoring Company before labor APPROVAL

J

Jaadu

Registered Users (C)
I left the Sponsoring Company before I got the labor approval. My Labor is approved 2 years back and they also helped me by giving the Employment letters in 140 stage and 485 stage. My 140 is approved and i am scheduled for the 485 Interview in 2 months.

I am with other company since last 2 years and they are willing to support me in AC21.

I came to know that AC21 doesnt apply for the people who left the Sponsoring Employer before the labor approval of GC application.

Is it true.....
 
Last edited by a moderator:
Originally posted by Jaadu

I came to know that AC21 doesnt apply for the people who left the Sponsoring Employer before the labor approval of GC application.

Is it true.....
Click to expand...

YES.
 
Jaadu,

In your case - you can tell during interview that you intend to join after getting GC.

However I would suggest join before interview - it will be more helpful, else your case will be fishy.
 
Originally posted by Jaadu
I came to know that AC21 doesnt apply for the people who left the Sponsoring Employer before the labor approval of GC application.
Click to expand...

The Yates memorandum clearly indicates that an alien can benefit from AC21 even if he/she never worked for the sponsoring employer.
 
Where Can I get that Memo RealCanadian

Can u please let me know where can i see that memo
 
Re: Where Can I get that Memo RealCanadian

Originally posted by Jaadu
Can u please let me know where can i see that memo
Click to expand...

Do a search for Yates and memorandum, or August 2003 memorandum. It's around.
 
Re: Where Can I get that Memo RealCanadian

Originally posted by Jaadu
Can u please let me know where can i see that memo
Click to expand...

I stand myself corrected. TheRealCanadian is right, the memo says '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.'.

Check the link...

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
 
Thanks Guys

I am waiting for the Interview. My case recently got transferred from VSC to Detroit
 
You can always tell you had intentions to join your sponsering employer after you get GC so your LC+140+485 was filed by them. Now after 6 months of 485 your intention has changed and you used AC21 to join another employer with similar job duties.
there is no problem in such cases .
 
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