Do i need to wait for AC-21 approval..

I

indflyer

Registered Users (C)
Hi Guru's
I have couple of questions on the transfer of job while my I-485 is pending after 180 days of application.
LABOR :pd-APR-2003
I140 approved - APR 2004
I485 FILED- JUL 2004
FINGER PRINTS - MAR 2005.

I am planning to work in india starting feb 2006 and i got an employer in california who is ready to take me as an employee of US company and let me work in India while paying my salary in USD.
1. Should i wait for my AC-21 approval before i can go out of country. If so how long does it take for this happen.
2. This employer is willing to pay me a salary in USD but it will be as per indian salary structure converted into USD which means that it will be much less than the salary i have while filing my labor. Will i be able to continue my GC like this and get an approval. Any firm knowledgeable suggestions are appreciated.

Thanks
 
indflyer said:
Hi Guru's
I have couple of questions on the transfer of job while my I-485 is pending after 180 days of application.
LABOR :pd-APR-2003
I140 approved - APR 2004
I485 FILED- JUL 2004
FINGER PRINTS - MAR 2005.

I am planning to work in india starting feb 2006 and i got an employer in california who is ready to take me as an employee of US company and let me work in India while paying my salary in USD.
1. Should i wait for my AC-21 approval before i can go out of country. If so how long does it take for this happen.
2. This employer is willing to pay me a salary in USD but it will be as per indian salary structure converted into USD which means that it will be much less than the salary i have while filing my labor. Will i be able to continue my GC like this and get an approval. Any firm knowledgeable suggestions are appreciated.

Thanks
Click to expand...

THis is in regards to your question for AC-21 approval or rejection. AC-21 is just a process that allows you to transfer your GC petition from one employer to another. There's no separate approval or rejection for AC-21. If your I-485 is approved based on your AC-21, it could mean that your AC-21 was approved. However, if your I-485 was rejected based on your AC-21 then it would mean that your AC-21 would be rejected. I hope that answers your question indirectly.
 
thanks for your response. Yes that def is a answer for my question.
As mentioned i would be working in india as a US employee and getting a salary in US but much less than what is in labor. Would that be an issue for GC Approval.
 
indflyer said:
thanks for your response. Yes that def is a answer for my question.
As mentioned i would be working in india as a US employee and getting a salary in US but much less than what is in labor. Would that be an issue for GC Approval.
Click to expand...

The question is if you filed I485 or consulate process.
If you use I485, your I485 will be abandoned if you stay out of US for a long tine. Even if you have AP valid all the time and stay more than 6 months out of US, when you come back you might have problem.

If you use consulate process, it is depended on your new company to establish the answer of ability to pay since your new salary is much lower your LC (That could lead to the risk of rejecting . Depend on the adjuster)
 
If you use the CP approach then I don't think you can apply for AC21. AC21 is only applicable to I-485 cases and not CP cases.
 
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