Special Case of AC21......Please Help !!!

R

Rambo_1333

Registered Users (C)
Dear Experts,

I need your help on my current situation.

I was working for company 'X' from 3 years until six months back and switched to company 'Y' as they have an approved labor and as soon as I became their employee, filed for I140 and I485.

Luckily got I-140 approved in 6 weeks and after completing 180 days of filing I-485, I want to switch back to company 'X' using
AC-21 clause which is in the next couple of weeks using EAD approved from company "Y". Here are my questions.

1) Does anyone see any problem with this switch?

2) I am thinking of not informing INS until I get an RFE. Is it recommended or not? There will not be any change of Address during this switch.

3) What should I take care off and what should I be aware off..I do not want to jeorpadize the GC approval.

Thankyou in advance...
 
Well company Y could ask INS to revoke your 140.There are 2 intrepretations on this. According to one opinion company Y can ask for 140 revokation. According to other opinion it does not matter even if company Y asks for revokation after 6 months have elapsed.

My personal opinion is that it does not matter if U shift company after 6 months have crossed.

Yes AC21 can be used if 180 days have passed since the filing of 485. Some also take a more conservative option of 180 days after 140 approval.

U just have to send a letter mentioning AC21 clause and that U are invoking it. Here also there are 2 opinions, one be proactive and inform BCIS about ur job change and other opinion is that it is not mandatory to inform BCIS about AC21 then why inform now?Wait untill a RFE comes.
 
here is update from Sheela Murthy for AC21
you can read it:
http://www.murthy.com/chat0623.html
Chat User : Good evening. When is it safest to get laid off when one is on an LC process? Is there any special case that can be argued if the company shuts down to continue one's GC process?

Attorney Murthy : Without any AC21 regulations or guidance from the BCIS, there is no longer any time when it is really safe to stop working for the sponsoring employer. We are seeing denials based on the I-140 which was approved but withdrawn by the employer after 180 days, we have also seen other cases approved in the same circumstances. Similarly, we have heard of denials where the company is not available to respond to an RFE, etc. after it closes. So, although many cases are being approved, other cases are being denied, so there is a lack of consistency by the BCIS. We need to obtain some guidance. Just this past Tuesday, June 18, 2003, the BCIS has appointed its Chief Legal Counsel in Dea Carpenter. She seems like a helpful person who is knowledgeable on employment-based immigration matters, so we hope that we will obtain favorable regulations with new people who finally have their jobs in place now.
 
You must log in or register to reply here.
Top