Regarding Future Employment EAD

Future Employment and AC21 scenario again, but this time with a twist.

Lets say a person X is working for company A and company B is processing GC for him with the intent of employing him once he gets GC.

Lets say the 140 is approved and I-485 has been pending for more than 6 months/180 days.

Can X use AC21 and switch the GC process to company A and continue his AOS status and finally get the GC form company A?
 
Originally posted by rk4gc
Future Employment and AC21 scenario again, but this time with a twist.

Lets say a person X is working for company A and company B is processing GC for him with the intent of employing him once he gets GC.

Lets say the 140 is approved and I-485 has been pending for more than 6 months/180 days.

Can X use AC21 and switch the GC process to company A and continue his AOS status and finally get the GC form company A?
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Pl. see what Yates memo dt.aug.2003 says(in the last para of the total memo):
'..............................().In all cases an offer of employment must have been bonafide,and the employer have had the INTENT at the time of Form I140 is approved,to employ the beneficiary upon adjustment.It should be noted that there is no requirement in statute or regulations that beneficiary of a Form I140 actually be in the underlying employment until permanent residence is authorized.Therefore,it is possible for an alien to qualify for provisions of 106(c) of AC21 even if he or she has never been employed by the prior petioning employer or the subsequent employer under section 204(j) of the act. '.
Any further insights /comments on this?
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It's Not alegal advsie.lay man's opinion.
 
So is it true that even if it's the future employment GC (never worked for the sponsor) one can use AC21 and switch to a new employer if it's more than 180 days since filing I-485?

Does anyone know cases like this?

I'm exactly in the same situation and Iam just wondering if I can switch to my current employer using AC21.

Please advise guys.
 
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