CAN I use AC21

Z

zipper

Registered Users (C)
HI
Came to US thru Company A, got LC approve and I140 approved, PD not Current so couldn't apply for I485 in the mean time got a good offer from Company B, moved to company B worked for Company B for one year and compnay B applied for lC which never got approved, in the mean time company B got sold, so moved back to Company A thru H1 Transfer, on company A's payroll for four months, used the old I140 and applied for I485 ND Dec 2002.

Company A has the policy No Job No Pay, didnot get pay for 3 weeks this year still W2 amount > GC LC amount.( May be it will be ok with INS since its more like one/two days a month when i had to take leave due to personal reasons)

Can i look for a good job and move on?, i am not sure how the future in Company A will be, since its a consulting company and every time i am done with a project I will be on bench without pay.
 
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zipper

You cannot use AC21, either way you do not have a EAD too. The better approach would be to move on to other companies which can process a new H1 and get your H1 transfered.

The AC21 rule clearly says that it should be 180 days since 485 being filed that you can avail of this rule.

Or atleast you should have an EAD to change jobs.

Thanks
 
Hey Raj
I think You got my dates wrong

I485 ND is DEC 2002 and note DEC 2003 so its little over an year
I do have an EAD, its just that i am not using it
Thanks
 
zipper

Sorry for the miscommunication. If you have EAD you have nothing to worry and can start working on the new job in your convenience.

Thanks

Raj
 
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