I've been trying to fully understand AC21 portability. From what I understand the following scenario would be possible.
Work for company A. Company A gets an approved LC for you and applied for I-140/I-485 concurrently. You get laided off 2 months (just picking a number) after the I-140/I-485 receipt notice date. AP and EAD are approved at this point. Neither I-140 or I-485 is approved.
As long as the company did not revoke your I-140, could you remain in the US, work on your EAD, then, when 180 days have passed (since filing the I-140) do an AC21 transfer?
How about not working until the 180 day mark, then invoking AC21?
Other than the USCIS accusations of "no intention of permanent employement" or fraud for the original application, could this work?
mdh
Work for company A. Company A gets an approved LC for you and applied for I-140/I-485 concurrently. You get laided off 2 months (just picking a number) after the I-140/I-485 receipt notice date. AP and EAD are approved at this point. Neither I-140 or I-485 is approved.
As long as the company did not revoke your I-140, could you remain in the US, work on your EAD, then, when 180 days have passed (since filing the I-140) do an AC21 transfer?
How about not working until the 180 day mark, then invoking AC21?
Other than the USCIS accusations of "no intention of permanent employement" or fraud for the original application, could this work?
mdh