Important AC21 question

D

deepster

Registered Users (C)
I-485 was filed in August 2002 with Company A.
Continued receiving payroll from Company A till August 2003 (I had a cushion built to provide additional payrolls).
Switched to company B before 180 days and am still working for them.

If I receive an RFE I would like to file an AC21 with Company B. Would there be a problem if I the start date in the AC21 letter mentions started working with Company B before 180 days expired even though I was technicall working for company A also.

Essentially I was working for 2 companies from Feb 2003 to August 2003..

thanks
 
The AC21 just states - you should not switch before 180 days.-you did'nt. Also you don't have to mention when you started with B- so you can avoid mentioning it. In either case you would be fine.
HTH
 
AC 21

Please see the document in this link. It explains AC-21 very well. If you complete 180 days after filing 485, you do not need to join the sponsoring employer (remember GC is always for future employment).

In the memorandum, Mr. Yates, Operations Director USCIS has clearly stated the rules governing AC-21. He categorically stated that one need not work for the sponsoring employer at all. Please read the following memo. Everything will be very clear.
If there is a query, what all you need to have is a letter from the employer you are working at that time showing that the job is full time and permanent. You also need to establish the fact that the job is similar to the one in Labor Certification.
Hope this helps.

http://www.usavisanow.com/8-13-03-140-485.pdf
 
clarification

thanks for the feedback..

However I have seem folks post on this board that RFE sometimes requires letters stating start date, current salary and job description...

I am assuming it will be pretty hard to avoid the start date if USCIS is asking for it..

Just hoping it does not effect the response..

thanks

sandeep
 
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