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Old 02-17-2008, 12:19 AM
StukAtBEC StukAtBEC is offline
Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/16/2007
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Join Date: Aug 2007
Posts: 32
StukAtBEC is just really nice StukAtBEC is just really nice StukAtBEC is just really nice StukAtBEC is just really nice StukAtBEC is just really nice
Default AC21 - I-140 not approved - urgent Please Help

Folks,

I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

Gurus... please help me with your suggestions.
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