Question AC21

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Gurus,

Worked for Company A & comp A sponsered GC.
Transferred H1 to Comp B & started working. Comp B did 7th year extenesion based on Comp A's pending 140/485.
If 140 approved. 485 pending for 180 days.

questions:
1. Can I use AC21 & stay with Comp B?
2. Can I do H1 ext based on approved 140 till 485 is approved?
3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?

Thanks
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[GreenCardVirus]

Gurus,

questions:
1. Can I use AC21 & stay with Comp B?
>>> As per USCIS memos, Yes.
2. Can I do H1 ext based on approved 140 till 485 is approved?
>>> As long as 140 remains approved, yes.

3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?
>>> once again as per USCUS memo, yes

Note: USCIS memos is not same as LAW and vice versa. Personally, I think AC21 should not apply to a person who never worked for the GC sponsoring company. The intension of the law to not to tie you up with GC sponsoring company. If you never joined this company, how does AC21 come into picture.

Thanks
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[Cheekoo]

At the time of adjudication, you must have a "bona fide" job offer. Thats the LAW. So even if you do not work with sponsoring company, with approved I140 and 180 days above I485 filling, you are secure to change jobs.

 

[Sh_Ad]

Thanks GreenCardVirus.

I did not understand your answer to
3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?
>>> once again as per USCUS memo, yes

Do I have to go back to CompA or can I stay with Bomp B?

Thanks
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[GreenCardVirus]

Thanks GreenCardVirus.

I did not understand your answer to
3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?
>>> once again as per USCUS memo, yes

Do I have to go back to CompA or can I stay with Bomp B?

Thanks
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No, you dont have to go to company A as you were working for them before you quit.

The part that gets confusing is if company A is sponsoring the GC for Bob while Bob is working for company B. Now Bob wants to use AC21 to join company C. If Bob did a H1 transfer to company C, they how will Bob prove that he used AC21?. In that case I think Bob will have to go to company A after GC is approved.

 

[Vasu209]

Here are my details

I140/485 RD 06/30/2005 ND 07/18/2005

Now I want to take perm position at client site. Is it possible with out I140 APPROVAL.

 

[GreenCardVirus]

Here are my details

I140/485 RD 06/30/2005 ND 07/18/2005

Now I want to take perm position at client site. Is it possible with out I140 APPROVAL.

Yes, only if you current GC sponsoring company is willing to follow up thu the approval of I-140. Just make sure that if any problem or rfe comes, your GC sponsoring company will not abandon you.