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Thread: AC21 when not working for sponsor

  1. #1

    Lightbulb 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 ?

  2. #2
    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 View Post
    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 ?
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    Use the info at your risk. None of this is legal advice.

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  3. #3
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    Quote Originally Posted by raminator View Post
    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.
    Without an irritant, there can be no pearl.

  4. #4
    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.

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