what does it mean exactly for AC-21?

X

xikou2002

Registered Users (C)
Can AC-21 applicable to the following scenarios?

Case A): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet).
Can I join a new company with a similar position
with the AC-21?

Case B): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet). Can the employer revoke the 140?

Pls advise -- I talked to two lawyers with these two questions, but it sounds they do not have the same answer.
 
Originally posted by xikou2002
Case B): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet). Can the employer revoke the 140?
Click to expand...

Yes, the employer can revoke the I-140.

If it has not been approved yet, then your adjustment and your GC are toast.

If it has been approved, you will probably get an NOID which gives you 30 days to send back proof of future employment.
 
Originally posted by xikou2002
Case A): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet).
Can I join a new company with a similar position
with the AC-21?
Click to expand...
No, you can not. I-140 needs to be approved for invoking AC21.
Originally posted by xikou2002
Case B): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet). Can the employer revoke the 140?

[/B]
Click to expand...

Yes, the employer can.
 
Originally posted by xikou2002

Pls advise -- I talked to two lawyers with these two questions, but it sounds they do not have the same answer. [/B]
Click to expand...

Lawyers are bunch of jokers and they only know to fill forms and milk money from all the GC applicants. They sometimes misguides us and we fall in their trap. I would suggest all to do detailed research even if you speak to 100 lawyers.

You cannot join any company using AC21 as your I-140 is not yet approved but again if your employer is very supportive and cooperate at all stages then you might look up for new employment by using EAD.
 
Originally posted by xikou2002
Can AC-21 applicable to the following scenarios?

Case A): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet).
Can I join a new company with a similar position
with the AC-21?

Case B): Concurrently filed 140/485 with 180+ days; 140 pending (not approved yet). Can the employer revoke the 140?

Pls advise -- I talked to two lawyers with these two questions, but it sounds they do not have the same answer.
Click to expand...

I don't understand. I thought you can switch jobs using AC21 after 180 days of I140 pending, even if it has not been approved.
 
In reality lot of people quit (or are fired) before 140 approval- but AC21 still works out. The reason is that- the employer does not revoke (or continues to support) the 140. BICS does not explictly ask when you quit. You would infrom BCIS after approval.
Also with regard to 6 mo. for 485- as 485 does not get adjucated in 6 mo- by default if you quit before 6 mo - that works too.
HTH
 
Re: Re: what does it mean exactly for AC-21?

Originally posted by OmGV
I don't understand. I thought you can switch jobs using AC21 after 180 days of I140 pending, even if it has not been approved.
Click to expand...

Yes, you can switch jobs but that does not mean that your 485 will be approved since it is contingent on your 140 being approved and your having completed 180+ days on your 485.
 
Re: Re: what does it mean exactly for AC-21?

You can change the company next day after applying I-485. For that matter even before applying for I-485. But there are some questions you need to answer before you decide to quit the job. whether your employer is revoking your I-140 or not. What he will do in case of an RFE ?

He can revoke your I-140 any time before its its approval without any constraints. He will not be able to revoke underlying I-140 after six months of pending I-485. Other way he may revoke your I-140 but do not want answer further queries from CIS.

Do not blame attorneys. It is their job. 99% attorneys are not fools. They cannot give the guarantee for the behavior of your employers. They can get sued for wrong information. So they give you cryptic and diplomatic answers.
 
Bottom line on all this is the past employer either explictly support 140 (by answering RFEs if any) or implictly support 140 - by not revoking the pending 140.
If 140 is approved and 485 pending 180 days- the attempt by employer to revoke 140 would fail- provided the employee currently has 'similar' job.
In real life employers explictly/implictly support 140. So irrespective when you quit your 140 and 485 succceed.
HTH
 
You must log in or register to reply here.
Top