Clarification on AC21. Changed company before I-140 approved

E

enjoys1

Registered Users (C)
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
 
Originally posted by 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.
--------- You are eligible for AC21 send the reply to RFE
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 **
------- that is correct
1) Is this 180 days from I-485 RD (or) 180 days from I-140 approval date ?
-------- I-485 pending from RD ( check the I-485 reciept it had RD)
2) Am I eligible to use AC21 ?
------YES, YES
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.
------- NO problems

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