Please suggest

R

rajum

Registered Users (C)
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
 
he need to join companyA

In my view he may need to rejoin company A. Since he is not working with companyA at the time of filing 485 he may not be able to take the provision of 180 days?

i dont know how much time does he have after approval to rejoin?
 
An alien is not required to work for the sponsoring employer before getting the GC

No where has the regulations mentioned that he can use 180 days provision only if he is working with the sponsering employer at the time of filing of I-485 days. The AC21 can only be an extension of the existing law and cannot be interpreted in contrast to the existing law. This is only my personal opinion. Its best to consult a lawyer.
 
i was talking about course of action after the GC approval

I am not saying the the person has to join CompanyA before getting GC, i was talking about after GC Approval. I think that was the original Question?

I agree with you that the case is little bit complicated and probably better addressed by lawyers
 
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