ac21hopeful
New Member
Hi all,
Here is the brief history of my case.
My LC and I-140 was sponsored by company A.
LC was applied on May 1999 from NY and got approved on December 2002.
I-140 and I-485 concurrently filed on February 2003.
Got first FP notice on March 2003.
Done FP on May 02, 2003 and USCIS received on May 05, 2003.
I-140 got approved on March 17, 2004.
RFE issued on 07/28/2004 for the following-
1) Submit an original letter on company letterhead from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration.
2) Submit your earnings statements for the last two months.
3) Submit your Federal Income Tax returns, including all schedules and Forms W-2 and /or Forms 1099, for the last two years.
I worked for Company A in H1 untill june 2001 then swiched to Company B in H1 and still working for Company B (They recently got approved LC for me). Please note that, at the time of switching the labour was still pending but regardlees Company A continued the GC upon my request. Now, I want to use AC21 portabilty based on approved I-140 and I-485 pending for more than 180 days.
Here is the problem, my lawyer says that it is required to work for Company A for at least 6 months from the time I-140 has been filed (to establish bonafide employment according to him). As I understand, this is not a requirement since GC is for future job and it is very clear in the Yates memo dated august 4, 03. But he insists this is the case. Can anyone of you guys know any similar AC21 approved case where the beneficiary never actually worked for the original petetioner of LC/I-140 or left when LC was pending ?
Please provide your input/advise. Thanks.
Here is the brief history of my case.
My LC and I-140 was sponsored by company A.
LC was applied on May 1999 from NY and got approved on December 2002.
I-140 and I-485 concurrently filed on February 2003.
Got first FP notice on March 2003.
Done FP on May 02, 2003 and USCIS received on May 05, 2003.
I-140 got approved on March 17, 2004.
RFE issued on 07/28/2004 for the following-
1) Submit an original letter on company letterhead from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration.
2) Submit your earnings statements for the last two months.
3) Submit your Federal Income Tax returns, including all schedules and Forms W-2 and /or Forms 1099, for the last two years.
I worked for Company A in H1 untill june 2001 then swiched to Company B in H1 and still working for Company B (They recently got approved LC for me). Please note that, at the time of switching the labour was still pending but regardlees Company A continued the GC upon my request. Now, I want to use AC21 portabilty based on approved I-140 and I-485 pending for more than 180 days.
Here is the problem, my lawyer says that it is required to work for Company A for at least 6 months from the time I-140 has been filed (to establish bonafide employment according to him). As I understand, this is not a requirement since GC is for future job and it is very clear in the Yates memo dated august 4, 03. But he insists this is the case. Can anyone of you guys know any similar AC21 approved case where the beneficiary never actually worked for the original petetioner of LC/I-140 or left when LC was pending ?
Please provide your input/advise. Thanks.