Please suggest

[rajum]

Jim Millis and other experts,
   Here are the case details of my friend:
         from company A
                I-140 approved : June 2001
                I-485 applied in August\'2001
     Joined the client(say company B) with approval of company A in June 2001.
   Company A agreed to continue his green card and based on Employment offer letter, he has applied for 485 in August,2001. At the time of filing 485, he has mentioned that he is working for company B.

He is awaiting approval but assuming that his case is going to be approved, we got the following questions:

a) Does he need to re-join Company A.
b) If so, how much time he will have from approval to re-joining.
c) Can he avail AC 21 benefits and not re-join company A

Any pointers in this direction is highly appreciated.

thanks,
raju

 

[jaxen]

Sinceit is 180 days from 485 RD...

There is no compulsion for him to join company A after approval. In case INS comes with some guidelines as to how to inform INS about the change of employment before approval, comply.

 

[Shri485]

how does 180 days count when he is not an employee at the time of filing 485

GC is for permanent employment, How can a person not join the employer once it is approved.

I could understand how a person already working with employer could leave after 180 days (he may not want to hang in forever for GC according to AC21)

Do you make the same interpretation for the case where employee has changed the employer?