CAN I use AC21

[zipper]

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.


Thanks for all the help

 

[Participant]

For AC21:
Basic Conditions are :
1)Approved I140.
2)I485 filed and pending more than 180 days.
3)The next job must be same or similar job.
If you meet above, you are normally OK using AC21.
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Not a legal advise.only lay man's opinion.

 

[sb_tiger]

Being on the bench without pay in itself should not cause a problem- provided the job is 'permanent' and the the company has a stated bench policy.
HTH