Can I use AC21 ?

P

ps123

Registered Users (C)
Hi,

I used work for company A till Dec/2000, during which my LC and I-140 got approved. I switched the and joined company B on H1.
Company B filed for my labour which got denied due to layoffs in B.

I approached company A and with asumption of joining them after my 485 gets approved (future job) applied for 485 and 1-year had been passed. But company A got sold.

Company B is OK to take my case under Ac21. As my I-485 was filed as with future job, Can I be sucessfull in taking advantage of Ac21.

Thanks for your info
 
Last edited by a moderator:
You have switched the Job much before 180 days, right ?
You can not join company A since it does not exists anymore. I am not sure how it will be interpreted as legally but it looks like you will be having RFE for EVL, paystubs etc. and most probably you should be able to reply your RFE without any problem.

This case will be seen like you filed I-485 while working (or with promise to work in future) in company A and now A is no more. You joined company B, you get RFE, you replied RFE.

The only problem I see is 180 days has not been passed when your clock started. Legally you can not change your job but since there is no options at this point so let it be.

Secondly if you can show that you did not left the company A at your will, or your intentions were always working with company A, that will be good.

In my opinion you are not protected by AC21 but your approval will be at discretion of officer.
 
Hi Vipsha,

Thanks for your quick reply. But I passed 180 days

Joined company B in Dec/2000

Started I-485 with company A in July/2002 with previous approved I -140. Company got sold out in Dec/2002

Company B will provide all required docs, if RFE comes. I have not informed BCIS about any of this.

Thanks again
 
PS123,

Can yo provide clear timelines e.g. ND/RDs

As I understand you filed I-485 in 7/02 and left the company A in 12/02 and joined company B.

so if you have 180 days between your ND and date of leaving company A, you will be protected by AC21. In case of RFE, company B will provide all the information to reply RFE, now where is the problem ?

You are safe but make sure that you are getting at least minimum salary what was mentioned in your LC and you are doing same job as per your LC.
 
Originally posted by vipsha
The only problem I see is 180 days has not been passed when your clock started. Legally you can not change your job but since there is no options at this point so let it be.
Click to expand...

According to murthy.com .. you can change even b4 180 days .. as long as you 485 remains unadjudicated past 180 days. Basically the guidance on AC21 ain't clear.
 
Hi Vispsha,

Highly appreciate your input/help. Please see the info below.

RD: 07/17/2002
ND: 07/19/2002
Both the above was done through company "A" who was my previuos employer.
This was done on the basis of future employment. I was not working for this company at the time of I-485 filing. I worked
for them till dec/2000 and moved to B

Started working for company B in Dec/2000.

In short my queston would be, "can we take advantage of Ac21, even if the filing is on basis of future employment and 180-days were passed "

Job is similar.

Highly appreciate your attention.
 
Disregard my last reply, I misunderstood 2000 as 2002, So infect as AC21 is not clear it does not say any thing about your situation so I guess you may or may not be protected by AC21. But since GC is for future employment and it was working in your case until company A was sold out.

So it will be purely on discretion of the officer, Basically you are using old LC and 140 to get 485 approval when you can not work for the company A since it is no more.

But there is a big BUT which is, company B is ready to provide you all support you need for GC so probably you will get an approval after interview/RFE.

for more info you can read Question 2 and 3 at

http://www.murthy.com/UDac21qa.html
 
Hi Vipsha/Silly Man,

Thanks for your feedback.

I am hoping for approval after RFE/Interview etc.
And another hope is current empolyer is quite big company.
May be that will give some bettr feeling to BCIS.

Thanks
 
You must log in or register to reply here.
Top