With a approved labor I left a consulting company A and took full time position with company B on H1B.
Company A agreed to file my 140 & 485 which I did in Oct 2002 as intention of rehiring me. I also applied 2 EAD and got approved. My 140 got approved in June 03. Recently I received 2nd FP notice. I had intention to join back company A but now based on current financial position of Company A, I would like to continue with my existing employer. I am in different geographical location from my approved labor (PA to GA), even the service center is also different. Apart from that my current work role is little different (DBA to Tech Lead). Some roles are same. My questions are -
1. Should I use AC21?
2. Is this case even eligible for AC21? Becasue at the time of filing 140 & 485 I was not the employee of the company.
3. I have approved labor from my current employer, should I withdraw my 485 and file again from current employer. My 8th yr extension with current employer is valid until April 2005.
4. Or should I wait for any response from VSC, since they are also processing Oct 02 cases.
Your advice will really help me.
Thanks.
Company A agreed to file my 140 & 485 which I did in Oct 2002 as intention of rehiring me. I also applied 2 EAD and got approved. My 140 got approved in June 03. Recently I received 2nd FP notice. I had intention to join back company A but now based on current financial position of Company A, I would like to continue with my existing employer. I am in different geographical location from my approved labor (PA to GA), even the service center is also different. Apart from that my current work role is little different (DBA to Tech Lead). Some roles are same. My questions are -
1. Should I use AC21?
2. Is this case even eligible for AC21? Becasue at the time of filing 140 & 485 I was not the employee of the company.
3. I have approved labor from my current employer, should I withdraw my 485 and file again from current employer. My 8th yr extension with current employer is valid until April 2005.
4. Or should I wait for any response from VSC, since they are also processing Oct 02 cases.
Your advice will really help me.
Thanks.