Please help - AC21

[kalpanalulay]

hi,

I changed jobs from company A to company B in march of this yr but company A said that they will keep the paper work going and will submitt any other documents needed. At that time my labour was still not cleared. I applied in EB3 RIR. Anyway, a month ago my labour cleared and company A submitted all needed documents for I-140 and now I-140 has been applied.

now, as there is retrogression in visa going on, i dont know when i will be able to apply for I-485. I know to use the AC21 clause i have to have my I-140 and it has to be more than 180 days since my I-485 has been applied.

now my question is that, when all that happenes, and i apply with the AC21 clause for company B will i be asked why i submitted the AC21 after being with company B for a while? has anyone been in such a situation, i.e changed jobs before they got their i-140 approved and i-485 under process?

please help, thank you

 

[javaxmlsoapdev]

AC 21 is involed only when your I-140 is approved and 485 is pending for more than 180 days. In your case currently you are not with the company which filed your GC so you shouldn't be worried about it. GC is for future employment , once your 485 is approved from company A, you will have to join them, that's what future employment means.

 

[ginnu]

AC 21 is involed only when your I-140 is approved and 485 is pending for more than 180 days. In your case currently you are not with the company which filed your GC so you shouldn't be worried about it. GC is for future employment , once your 485 is approved from company A, you will have to join them, that's what future employment means.
OR
you can use AC21 once I-140 gets approved and I-485 is pending more than 180 days if you want to work with B after GC is approved. once your I-140 gets approved if you cant apply I-485 because of PD problem you will be eligible for 3 year H1 extension.