Gurus Advice Me- Unique AC 21 Case

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Pranit

New Member
Gurus,

Our situation is like this:

I have been working for my GC sponsoring consulting company A at a client place and my contract ended in December 2003.

Step 1)
I joined a fulltime position with company B in January 2004 before my I140 approval and worked in the fulltime position for 3 weeks. I was also paid the Bench Salary for the 3 weeks by my original consulting employer A while i was working with Company B.

Step 2)
I joined another consulting position from my original employer A after 3 weeks of fulltime employment with company B. After 5 weeks in the new consulting position my I140 got approved and now i want to rejoin the full time position with company B again.

What would be the problems I can expect in joining the full time position with company B again in I-485 stage of the GC processing using AC21?

One important thing here is i would be on both company’s payrolls for all these past 5 weeks if i resume work in the full time position with company B. I have been using my EAD.

Please let me know what are my options.
:confused:
 
if your 485 is pending more than 180 days..

just join the Company B and have a party...

But before doing so... recruit a new attorney and file AC21 .. i don't know what are the papers you need.
 
Thanks dashDurai,

My 485 has been pending more than 180 days even before i joined the Company B first time.

My other concern is for filing the AC 21 i think we need to submit the new employment offer letter and this offer letter would be dated January where as my I-140 got approved in March.

So does USCIS might interpret that i joined the new position before my I-140 approval?

As i mentioned before i have been on the payroll of my GC sponsoring employer until now even though i worked in FT position for 3 Weeks.
 
See , as long as you have the pay stubs from comapany A for the period while you worked for company B.

you don't have to worry much... until otherwise ... you really wrote a resignation letter with dated before your 140 approval..

so talk to lawyer.. he will help you so much..
 
I assume he did not write a eresignation letter as he was still getting paid on the bench so technically you never left the sponsoring company and now since you I-140 is approved and I-485 is pending for more than 180 days, if you wish, you are free to switch also using AC21
 
If i were you i would join company B and just sit tight.

Info USCIS about change of employement only if there is an RFE which when you state you used AC21.

Make sure you have the I140 Approval Notice and also the Labour Approval notice along with ETA 750A &B.

When you take the Employement letter ask them to date it after I140 Approval since you are joing them (again) after I140 Approval.

Even though you worked for firm B before it doesn't matter as you were on the payroll of the both the companies.So technically you were on the payroll of Company A (it doesn't matter that you worked for Caompany B during the same period) untill you were I140 approved. Now that your I140 is approved and you passed 180 days in I485 you are taking Fulltime job with Comapny B.

Like i said If i were you i would join company B and just sit tight.
 
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