Interfile and AC21 180 day rule

[Niksammy]

Q/Spec/Vizcard,

Could any one of you please provide your thoughts on the issue below

After successful interfiling and linking of a pending I-485 to new EB2 I-140( from old Eb-3 I-140), do we need to wait for 180 days from the day interfiling happened before switching to a similar job using AC21.

My I-485 has been pending since 2007 and my new EB2 I-140 was linked to it last week. Does this mean that I need to wait for 180 days before using AC21. My PD of Dec 2006 will be current next month.

The reason for asking this question is that I work for a Fortune 500 company, and my company is planning to spin off my division to open a new company pending board approval. Though this process might take more than a month, and I am trying my best to ensure that they do not move to this new company till I get my gc, I just wanted to know what my options are in case I am moved to this new company with exactly similar role.

[qesehmk]

Nik - You already are way past the requirement for 180 days. So I don't see any problem whatsoever.
Q/Spec/Vizcard,

Could any one of you please provide your thoughts on the issue below

After successful interfiling and linking of a pending I-485 to new EB2 I-140( from old Eb-3 I-140), do we need to wait for 180 days from the day interfiling happened before switching to a similar job using AC21.

My I-485 has been pending since 2007 and my new EB2 I-140 was linked to it last week. Does this mean that I need to wait for 180 days before using AC21. My PD of Dec 2006 will be current next month.

The reason for asking this question is that I work for a Fortune 500 company, and my company is planning to spin off my division to open a new company pending board approval. Though this process might take more than a month, and I am trying my best to ensure that they do not move to this new company till I get my gc, I just wanted to know what my options are in case I am moved to this new company with exactly similar role.

[Niksammy]

Nik - You already are way past the requirement for 180 days. So I don't see any problem whatsoever.

Thanks a lot for the quick response.

I did not explicitly mention in my original post that my EB2 i140 got approved in Aug 2012 and interlinking request was sent in writing almost 2 weeks ago. I confirmed with L2 officer yesterday that my I-485 is linked to Eb2 now.

Could you please confirm that your statement holds true even in this case? I just want to be sure that I am providing you all the relevant information which might have been missing in my original post- my bad.

[qesehmk]

Yes. I don't think the second 140 matters in terms of availing AC21 - especially given the extreme high likelihood that your new job anyway can be considered same or similar relative to your first 140 and so AC21 looks good to me. And it would be the same job you would continue post GC based on your second 140.


Thanks a lot for the quick response.

I did not explicitly mention in my original post that my EB2 i140 got approved in Aug 2012 and interlinking request was sent in writing almost 2 weeks ago. I confirmed with L2 officer yesterday that my I-485 is linked to Eb2 now.

Could you please confirm that your statement holds true even in this case? I just want to be sure that I am providing you all the relevant information which might have been missing in my original post- my bad.

[Niksammy]

Thanks again Q!

I do not plan to use AC21 and would be sticking to the current company till I get my GC.

I just wanted to be sure that in case of worst case scenario, I had a fall back option of using AC21.