NEW AC21 MEMO( may 12,2005)

ginnu, tammy2,

thanks guys for all your support. No, my I-140 is still pending according to CIS website.

We have a non-RIR/PERM backup plan but there might be a 7th year extension issue. Can I still use the old labor to extend even if AC-21 gets denied (I am guessing 'not').

My case is getting more complex as we add more components. Now I even get to try PERM soon (not that I am excited it had come to that).

____________________________________________
RIR Labor filed in AZ 3/10/04
Labor approved ~ 10/20/04
I-140 RD: 10/28/04
I-485 RD: 12/28/04
EAD/AP RD: 12/28/04
Lay-off: 2/4/05
1st FP RD: 2/9/04
AP: approved end of Feb
EAD: approved end of Feb
H-1B transfer to new job 2/29/05
Start new job: 3/14/05
LUD: 3/23/05
Filed non-RIR CA labor: 3/21/05
Intending to file PERM if AC-21 blows up....
 
cala said:
But employer's intention is one of the criteria, too. How could you show CIS that employer still had intention? Only based on they did not withdraw I-140?
Click to expand...

In such situations there is some thing called last action. Since companies last action was filing your I-140 which meant they are sponsoring you.
Withdrawing I-140 means telling USCIS that position is no more offered If company changes its intent then they need to inform otherwise the original action of supporting beneficiary prevails.
 
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