Clarification on AC21. Changed company before I-140 approved

[enjoys1]

Hi,

I applied my I-140 and I-485 concurrently in Oct 2002 through Company A.
I got an RFE for my I-140 in June 2003(asking for experience letter). Replied to this RFE in July 2003.

Company A laid me off in May 2003(> 180 days after I-485 RD)
I joined company B(startup) in May 2003. I then joined company C(stable company) in Sep 2003.

I got an RFE for my I-485 in March 2004(usual EVL, 3 yrs tax returns, W-2's etc). Lawyer will reply to
this RFE this week stating that I will be using AC21 portability and another letter stating my intent to
no longer work for company A and continue full time employment with company C.
I-140 approved in April 2004.

I looked at murthy.com and many posts in immigrationportal.com. But, I am not clear on the requirements
for AC21.

** AC21 requirements are stated as I-140 approval and I-485 pending for more than 180 days **

1) Is this 180 days from I-485 RD (or) 180 days from I-140 approval date ?
2) Am I eligible to use AC21 ? I have I-140 approval now and my I-485 has been pending for around 500
days. But, I shifted jobs before my I-140 was approved.

Thanks

 

[will_get_there]

You look OK..

In my opinion, since now that ur. 140 is approved you are OK. Just go ahead and send AC21 for company C and do not mention anything about company B. The only trouble can be if INS asks to send w2 from company A or some pay stubs, however that seems unlikely at this stage.

Just go on with your 485.

Murthy says that 140 should be approved to use AC21 based on some memo from USCIS. However since your 140 was not withdrawn or revoked, you seem good now.

will_get_there

 

[enjoys1]

Thanks

Thanks