AC21 when not working for sponsor

This is off-topic. Sorry for posting here.

I got my I140 approved under eb2 in 2008 from company A. After that I left that comapny and Joined in Company B. My I485 was filed in 2013 with Company A's I 140.that means I was not with company A when I filed my I485. Currently I am working with Company B. But Company A is asking me to join in their company. it is been more than 180days that I filed my 485. is there any risk if do not go back to comnapy A and continue with company B? will there be any RFE on this issue ?

raminator - I think this is a good question for an attorney. Usually AC21 during job switch applies when people want to leave their GC sponsor. I am not quite sure if you can leave your sponsor without joining. Sorry. I can't be of more help.

Quote:

---

Originally Posted by raminator

This is off-topic. Sorry for posting here.

I got my I140 approved under eb2 in 2008 from company A. After that I left that comapny and Joined in Company B. My I485 was filed in 2013 with Company A's I 140.that means I was not with company A when I filed my I485. Currently I am working with Company B. But Company A is asking me to join in their company. it is been more than 180days that I filed my 485. is there any risk if do not go back to comnapy A and continue with company B? will there be any RFE on this issue ?

---

Quote:

---

Originally Posted by raminator

This is off-topic. Sorry for posting here.

I got my I140 approved under eb2 in 2008 from company A. After that I left that comapny and Joined in Company B. My I485 was filed in 2013 with Company A's I 140.that means I was not with company A when I filed my I485. Currently I am working with Company B. But Company A is asking me to join in their company. it is been more than 180days that I filed my 485. is there any risk if do not go back to comnapy A and continue with company B? will there be any RFE on this issue ?

---

I hesitate to answer really.

There is no requirement to join a Company before the I-485 is approved. That is the essence of future employment.

Since the I-485 has been pending at least 180 days, the law says you have I-140 portability to a same or similar job.

I suspect it more a question of ethics than law, having used Company A in order to file your I-485 in 2013 when you were not working for them.

But, as Q says, maybe a question for a lawyer.

Thanks Q and Spec. this really helps. I prefer to join company A. But I just want to check, If I am unable to join company A before dates become current , I thought there is some risk. I will check with attorney.