TheRealCanadian
Volunteer Moderator
Well, she's just plain wrong. If your I-140 is approved and your I-485 has been pending for over 180 days, you can switch jobs and still have the adjustment approved under AC21.
Specific Details Before To Invoke The Ac21
- Thread starter kike
- Start date
Well, she's just plain wrong. If your I-140 is approved and your I-485 has been pending for over 180 days, you can switch jobs and still have the adjustment approved under AC21.
Yes, but it make me more confuse sometimes;
I don't know if it's better to still with the sponsor The Company A :they send us the letter of the offer and their last taxes; we have the interview soon, We just want to do this process faster and since the case is at the local office we are thinking if we will invoke AC21 maybe they will send our case back to the NSC; so finally we don't want to complicate more this case so my husband will be with the sponsor for a long period and then he can switch; the lawyer told us that we can invoke AC21 but she will send an email to the supervisor at the local office to confirm if somebody submited the portability what's the next step that they will? So tomorrow if we are lucky maybe the lawyer can tell us which one can be better...still with the sponsor or invoke AC21
Thanks yes, i received it
if you want share with us if you receive any notice of your case...
GC Chakkar
Registered Users (C)
Question on AC21, Gurus please help.
I used to work for company A, I filed my LC, and I-140 from Comapny A. I resigned for that company A, and moved to company B. Then the I-140 (of Company A) got approved. Now in Jue 2007 Visa bulletin the PD is current.
Can I file I-485 now, with Company A ? Co . A gives me offer letter.
Can I invoke AC21 (after 180 days of that 485 pending) though I left compnay A much before filing 485 ?
My job is similar in company B.
What are the risks involved .
What documents we need to show the intention of accepting the employement back with company A.
Can I port the PD (July 2002) to another I-140 that is to be filed by Company B even after filing the 485 with Comapny A?
GC CHakkar
PD 2002 July ; Labor approved: Dec 2005
EB3 India
I-140 approved June 2006
I used to work for company A, I filed my LC, and I-140 from Comapny A. I resigned for that company A, and moved to company B. Then the I-140 (of Company A) got approved. Now in Jue 2007 Visa bulletin the PD is current.
Can I file I-485 now, with Company A ? Co . A gives me offer letter.
Can I invoke AC21 (after 180 days of that 485 pending) though I left compnay A much before filing 485 ?
My job is similar in company B.
What are the risks involved .
What documents we need to show the intention of accepting the employement back with company A.
Can I port the PD (July 2002) to another I-140 that is to be filed by Company B even after filing the 485 with Comapny A?
GC CHakkar
PD 2002 July ; Labor approved: Dec 2005
EB3 India
I-140 approved June 2006
techbuyer77
Registered Users (C)
yes gcchakkar you can. THE EVL is enough proof that they are offering the employment back.
After 180 days, just invoke ac21 and switch to B
After 180 days, just invoke ac21 and switch to B
Last edited by a moderator:
GC Chakkar
Registered Users (C)
Thank you techbuyer77. But I left company A last year already.
My question is: If I file 485 now using company A job offer letter, and if the 485 remained pending for 180 days, then at that time can I file AC 21 with the current company B?
Please clarify, also let me know if you have any USCIS memos or some document to support this.
Thank you.
GC Chakkar
Registered Users (C)
Thank you banta4gc.
So what you are saying is : I can not file AC 21 now. But can I file AC 21 if the 485 that I am going to file now (with Comp A offer letter), is pending for 180 days, then at that time say in Feb 2008, can I file AC 21 to employer B?
Will it contradicts my original intention to accept job offered by Comp A after the 485 approval ??
Please let me know.
techbuyer77
Registered Users (C)
No because your INTENT is to work for A AFTER AOS not before.
The key is company A has given you a job offer (to file for I485) and it's been pending for 6 months - that pretty much proves the intent to join......Company A has every right to convey to USCIS that the employee does not intend to join in the first 6 months
I remember, one guy, his company was not willing to provide offer lette rfor filing I485...he just used the Job Offer letter that they gave to him for H1B stamping for India trip....as it had the same job duties....
In fact, 2 years ago, folks used to file I485 without job offer letter....as USCIS was backlogged...by the time they realized that the offer letter is missing and issue an RFE...it would be more than 6 monhts....and folks would respond back with new similar job offer letter for the company they were working then!
I remember, one guy, his company was not willing to provide offer lette rfor filing I485...he just used the Job Offer letter that they gave to him for H1B stamping for India trip....as it had the same job duties....
In fact, 2 years ago, folks used to file I485 without job offer letter....as USCIS was backlogged...by the time they realized that the offer letter is missing and issue an RFE...it would be more than 6 monhts....and folks would respond back with new similar job offer letter for the company they were working then!
Did you asked to your lawyer? What did they said?
I think you can do with the Company A, but it's better to confirm with the lawyer, Remember tomorrow there a conference with Rajiv, I will too.... Good Luck