Urgent - AC21, please assist...

F

from_rep

Registered Users (C)
For a friend of mine..

My friend filed 485 Eb3 on Sept 02. Currently on 2nd EAD. The project got over and company may ask to go to India to their office there if they can't find an opporunity soon. In that event,

1. can the company continue to process and bring back once GC is approved????

2. If he leaves the company and manages to find another job, can he use AC21?? He doesn't have 140 approval notice/copy and the company may not give to him if he leaves...

Please shed your thoughts....What are the options??? :confused:
 
1. can the company continue to process and bring back once GC is approved????

It's hard to say - if he gets an RFE from BCIS and he can't provide enough evidence at that time, he might get denied. Or if he is lucky, he MIGHT just get approved without any RFE.

2. If he leaves the company and manages to find another job, can he use AC21?? He doesn't have 140 approval notice/copy and the company may not give to him if he leaves...

You should take a look at the AC21 forum for more details. To my understanding, I485 needs to have something to be based on. So he will need the I140 approval copy. Suggest he get a good lawyer before taking any action.
 
Don't you need an address in the US to continue with I485? If not, CP is required. That's what I thought.

If his case has been pending for over 180 days he can freely leave and find a different job. Is I140 approved at least? If so, after 180 days, it can't be revoked. I think it doesn't matter if he has I140 approval notice or not.
 
One more thing. If a lawyer was involved (the lawyer's name would appear on I485 receipt), your friend can hire a new lawyer. Then the new lawyer can request all documents for your case including I140 receipt from the old lawyer and s/he will have to release them. I think it's a law. Even if not, they usually do it anyway.
 
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