Gurus Please help ....AC21 180 day Rule.. Clarification

K

kriskish

Registered Users (C)
Hi Guys,
I need some clarification on AC21 rule. What ever my attorney is saying which is not satisfying me.

My job has been moved to India last date here is April 1st. I will join the same company in India. My 180 day will be June 25th.

My question is do I need to be here for 180 days with US company or it doesn't matter at all?
I want to use AC21 rule after June 25th provided my I-140 is approved.

I have a job in my hands with the same skills and that company is also know about that 180 day rule and 140 approval.

I need some clarification on the 180 days rule. Please help me.

Thanks
Krishna
 
kriskish said:
My question is do I need to be here for 180 days with US company or it doesn't matter at all? I want to use AC21 rule after June 25th provided my I-140 is approved.
Click to expand...

Doesn't matter, provided at the time your I-140 is approved you intend to work with the employer.
 
TheRealCanadian said:
Doesn't matter, provided at the time your I-140 is approved you intend to work with the employer.
Click to expand...
Hi RealCanandian,
Thats where all the problem is coming. I am with the same company even if I work in India does this count for 140 approval? I am still employed with the same company but partially worked in US and partially working in India at the time of 140 approval. Yes my badluck is kicking me from back still want to wait until 140 approval and stick to this company. But do you see any potential problem here? I mean not working in US at the time of 140 approval.
Any help/suggestions greatly appreciated.
Thanks
KK
 
kriskish said:
Hi RealCanandian,
Thats where all the problem is coming. I am with the same company even if I work in India does this count for 140 approval? I am still employed with the same company but partially worked in US and partially working in India at the time of 140 approval. Yes my badluck is kicking me from back still want to wait until 140 approval and stick to this company. But do you see any potential problem here? I mean not working in US at the time of 140 approval.
Any help/suggestions greatly appreciated.
Thanks
KK
Click to expand...
After June 25th if you can come back into US using ur valid visa or AP then you can use AC-21 to work with new company. This is provided by June 25th your 140 is approved. Since ur PD is 12/20/01 who knows ur 485 may also be approved by June 25 and u'll be free man. Make sure you have AP with you when you leave US and return to US before AP expires. Good luck!
 
fast_gc_seeker said:
After June 25th if you can come back into US using ur valid visa or AP then you can use AC-21 to work with new company. This is provided by June 25th your 140 is approved. Since ur PD is 12/20/01 who knows ur 485 may also be approved by June 25 and u'll be free man. Make sure you have AP with you when you leave US and return to US before AP expires. Good luck!
Click to expand...
Thanks Fast_GC,
I am looking for the same answer. My company is not going to revoke either my h1 or 140 that is 100%. They know what I will do after June 25th. No problems with my company even if I leave them after 140 is approved. I think my AP will get approved today. Seeing LUC changing everyday after replying RFEs on both EAD & AP. Got EAD approved.
Thanks for the help..
Just will keep my fingers crossed..
Thanks
KK
 
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