Future GC: using AC21

S

Sohel

Registered Users (C)
Hello,

Thanks for replying to my question.
I am working in Company A on H1 B and filed for my GC from Compnay B(Future company)I have already applied for I485 and it's been 18 months since then.

Since compnay A made me permanent with good salary. I don't want to join the future company. Can i be able to use AC21 in this case?

Company A which is working on my GC had a contract before starting my GC that if i don't join that company after getting GC then I will pay $10,000. Which i can pay as that company is basically body shopping and does not pay good.

Thanks,

-Sohel
 
Technically you are supposed to work for sponsoring employer. Ac21 kicks in after you have worked for them for atleast 6 mo. after filing 485. I am of the opinion- you would have a problem. But talk to a good lawyer- he should be able to advice you precisely.
HTH
 
Sohel,
Please update this forum bcos I will be in similar position after my 485 Approval bcos I am also got frustated due to this, In my case my visa is with Vendor but still I am paying to my GC Sposor employer and I transfered my visa after my Labor cleared and I will completly leave my GC Sponsor employer after 180 days of 485 filing and do not want to join him again after 485 approval
So pl. let us know what your lawyer is saying.

Thanks,
rb180
 
Sohel,

In my opinion you can do it. You need to join the company that is processing your company only after you have the GC with you. But if you want use AC21 after 180 days completion of I-485 you should be able to use it and switch.

But anyway I'm curious about your lawyers input too.
 
Thanks for your advises.
When i got the job in Company B(Visa company) I asked my lawyer that is 2 yr back and he said you don't have to join your GC sponsor company and after getting GC just pay the money which visa company asking. So I agreed to that and started my I485.

But Now i have two choices either continue with the current company B (visa) till i get my GC and then pay the money and switch. I am not sure if i can do this and just don't join soponsor employer after GC.
Secon choice is I can use AC21 and switch right now. So there will not be any problem.

I will ask my lawyer but i am not sure i will get correct answer from him.
 
Sohel ,
I think you got good realtionship with GC sponsor company. If do not want to work future company, one hting you do. just run payroll from that company B. this is second paystub. First paystub you are getting compnay A. Just pay taxes for 6 months then it is clear for you. our Desi companies will do.
you know, I got future GC same thing like you, i did not work that company. But company ppl gave full support. Now I am planning to do payroll my GC company.

Note: One of lawyer gave this idea,
 
Well,
Desi sponsor company may allow to create payroll for me but i am not sure about this american company to allow third party to enter and do some kind of illegal thing ...
 
Sohel,
Then it is prob for that . otherwise request your client to do for 6 months that company.
good luck.............
 
I do not see any problem

What is the problem. Use AC-21 join the company. I do not see any problem.

If you want keep relation good you can pay specified amount.
 
Sohel,
Use AC21 and you don't have to join your GC Sponsor after 485 approval, if I am right.
All, Please shed some light using AC21, is one have to join the GC Sponsor if AC21 used.

Thanks,
rb180
 
Hello,

Thanks for your precious advises but i am still confused and can not finalize.
I have another idea but i am not sure will this work.
After GC approval if i continue with visa company and join as part time to sponsor compnay for six month on paper will that do? is there anything that i have to join fulltime after GC apporval?

Thanks,
-Sohel
 
Why do you want to play the games when there is straight way. If you do not want to pay the green card fee then you can talk to some attorney.
 
Sohel,
Your arrangement with your sponsor company about paying them $10K- may or may not be legal. BCIS looks out for companies that generate Gcs for money- so be careful with that.
As for as part time etc- that will not work. GC is about full time permanent job.
Normally after you get GC- typically BCIS does not care or keep track- so it might work out. Talk to a good lawyer- that is best answer- best to make sure.
HTH
 
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I am not bothered about $10K but I don't want to join future company after GC approval and trying different ways to solve the problem.
As you said BCIS does not worry after GC so after getting GC approval i can continue with the current one right? Just to avoid filing fraud or something from previous company i will pay them the money.
I asked the lawyer he is saying i can just not join future company and conitiue with the current one and don't pay at all to preious company. But I wanted to verify or find solution by posting on this forum and get advice from senior members.
Thanks.
 
Whatever chat happened above ..all bullshit.. Sb_tiger has very less information.

read this article.. Ginnu is good
http://boards.immigration.com/showthread.php?threadid=114791





Hi Ginnu,
If I understand correctly, what you are saying is, we don't really need to be working for sponsor to take advantage
of AC21, I am in the following situation:

I am working for company A from last 4 years and Company B filled my I-140 ( I-485 myself ) on future
employment bases. Can I change a sponsor to "A" after 180 days of filing 485 by just sending future job offer
letter from company "A" (my current employer ) along with my intention to change the sponsor. I don't really want
to work for Company B unless it is needed. Can the Company "B" able to revoke I-140 after 180 days of filing just
because I haven't worked for them OR the AC21 can stop them doing that?

--------------- Your I-140 has been filed by B and on base of I-140 you filed I-485, I don’t know if your I-140 is approved or not. Once I-140 is APPROVED and I-485 pending more than 180 days then ONLY you can use AC21 and can send employer A future permanent job offer letter and your intent change letter to USCIS with copy of I-485 filing receipt

Company B can revoke the I-140 any time before it gets approved and can also request USCIS to revoke the I-140 after approval but if you change employer after I-140 approved and I-485 pending more than 180 days then you can use AC21 and USCIS will not revoke the I-140
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/...0_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html

*****Why you did not apply EAD, AP with I-485? You can still apply EAD, AP with I-485 filing receipt, it is better to keep valid EAD and AP and one can work on H1 status and they same time can have EAD and AP and in any emergency you can use AP or if lay off you can use EAD



__________________
Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
 
Sohel,
Finally what you have done, joining Company B who is a GC sponsor OR Continuing with Company A using AC21 ? What your lawyer is saying about it??
Please let us know that would be great for all of us

Thanks,
rb180
 
Hi rb180,

You are absolutely right .. And that's what i am working on.. But I am not getting perfect answer.

I found something from murthy.com

http://www.murthy.com/news/UDac21qa.html#3

*******
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

Yes,
**********

I called my current lawyer who said i can not use Ac21 but I think i have to verify with my working company lawyer and verify but he is american lawyer who may not know all this minor issues.

-Sohel
 
Originally posted by Sohel
Whatever chat happened above ..all bullshit.. Sb_tiger has very less information.
Click to expand...

The Fact is that whatever you are thinking and understanding is bullshit

It is very simple

1. I-140 is approved
2. I-485 is pending for more then six months.

If you pass above two conditions you can use AC-21.

GC is always for the future job. Whether you are working for that company or not is immaterial. AC-21 is applicable to every one.
 
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I am sorry, The word 'Bullshit' which i used for anyone is not good. All these people are helping on this forum very much and is helpful to me so taking it back. I am sorry if i have hurt anyone's feeling by saying so.

But I agree with tammy2. My problem was Lawyer is not agreeing to this and does not want to take this risk. Now only way is to ask my current company's lawyer (H1B processing) who is american lawyer,If he agrees then no problem. I don't care about Future GC proccing lawyer. But what if present compnay lawyer also does not agree ..But anyway i have enough evidence which i can go on with.

Thanks,
-Sohel
 
Hire your own attorney. At this stage it will cost you much. If they are not helping you then what is use of an attorney?
 
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