Can I do AC21?

[jysharma]

Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You

[pmb76]

Originally Posted by jysharma

Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You

AC21 means continuing your 485 process which has already been filed. Since you haven't filed 485 you are not eligible - sorry to say that. However the thing you could do is re-apply for Labor, I-140 and re-capture PD. I hear ya friend this retrogression has restricted our career growth to a huge extent and not to mention the psychogical trauma.

[gccovet]

Originally Posted by jysharma

Hi,
EB2 - Advanced Degree or Exceptional Ability
PD: Dec 2007
LC Approved - Apr 2008
I-140 Filed - May 2008
I-485 Not Filed

I have recently got a exciting job offer that I would like to take up. The job is similar at my current employer and prospective job. With my current employer, the I140 is filed but I485 is not filed as my PD is Dec 2007 while the current PD for EB2 is Aug 2006. My questions are:

1) On the USCIS website, at NSC, the processing timeframe for the EB2 - Advanced Degree or Exceptional Ability is Mar 18, 2008, but all the other EB2 categories is 2007. Is this a typo? If not, does this mean that I will probably get an I140 in 2-3 months as my I140 filing date is May 2008.

2) Can I invoke AC21 with an approved I140 but my I485 is not filed as my PD is not current?

Thank You

Like pmb76 mentioned you might not be eligible.
Also, in case i-485 was filled, it neeeds to be >180 days passed before you may invoke AC21.
Good luck.