AC -21 Portability

[gcquestioner]

Hi All,
Please help me with Your valuable answers..
My employer is A , they filed my Labor,I-140.
I work for client B through Employer A.
I took a Permanent Offer from Client B and quit employer A as my I-140 was not approved at that time.

After some days , came to know my I-140 was approved that was filed through employer A, but H1-B was Revoked.

Requested Client B that I Re-join Employer A keeping me in the same Project. Assured Client B that I will join after 6 months as employee ( Use of AC -21)

After Applied for H1-B Premium Processing through Employer A, rejoined them.

On the H1-B ( Premium Processing) Approval date , instead of Putting the Current Date of Approval, the INS officer put the approval date after 2 months thinking that it was H1-B extension applied by employer A.

The H1-B ( Premium Processing) approval date was requested for change, but was denied.This case was reopened on a BCIS motion , but still pending without any Changes to that H1-B Approval.

As the Approval date on the H1-B ( ( Premium Processing) became current ,Filed for I-485,EAD,AP through Employer A working for the same Client B.

Now EAD Approved, AP Approved for me and my wife.

Can I re-join the Client B (who was my employer for a very short time 6 months) after 6 months of filing my I-485 using the AC21 ??

Will there be any Issues , switching back and forth from employer to client , client to employer and again employer to client??
Can I use the AC -21 Portability?? Will there be any problem while approving the AOS ( 485) for both of us because of the above BCIS motion that was re-opened and no decision was made on that. Any possible RFEs??

Can this case still Use the AC -21 Rule and is a valid AC -21 case??

Please Reply with Your Suggestions and ideas. I really don't know what to do as my client has beeen asking me to re-join them again ASAP as I promised to them that i will join after 6 months.

Can I join them immi., or wait for 180 days since the I-485 application filed?

Please give me Your valuable Inputs.

Thanks a lot.
gcquestioner.

[gcquestioner]

Help Needed Please

Any Updates or clarifications. Pls guide me.

Thanks

[gcquestioner]

Please Help

Can anybody help me in the above issue. Please..

Thanks
gcquestioner.

[dvkrao]

AC -21 Portability

BCIS Gives Guidance on AC21 180-Day Rule for EB-485 Filers

Availability of 180-Day Rule for I-485 Applicants Who Were Not Employee of the I-140 Petitioner: The approved I-140 petition may be ported to a new employer for a same or similar occupational classification. The memo states that it is possible for an alien to qualify for the 180-day portability even if he or she has never been employed by the prior petitioning employer or the subsequent employer under AC 21. However, the evidence must be there that an offer of employment must have been boda fide, and the employer must have had the intent at the time the I-140 petition was approved.
Withdrawal or Revocation of I-140 Petition Before 180 Days: The I-140 petition is no longer valid and cannot be ported to a new employer after 180 days.
Revocation of I-140 Petition After 180 Days for Fraud: The I-140 petition becomes invalid and cannot be ported to a new employer even after 180 days.
Withdrawal or Revocation of I-140 Petition After 180 Days After New Employment of Similar/Same Occupation: The approved I-140 petion will remain valid and I-485 will be completed as filed.
Filing Requirement for Change of Employer: If the I-140 is withdrawn but the beneficiary has failed to file evidence of a new qualifying employment before that time, BCIS must issue Notice of Intent to Deny I-485. If the qualifying new employment is then timely submitted, BCIS may consider the approved I-140 valid for the purpose of continuous adjudication of I-485 even after the Notice to Deny has been issued. It is thus critically important that people either file the change of employer as soon as the employment change takes place or if the Notice to Deny is received, they respond to such Notice "timely" and with "required evidence." If the Notice is not timely reponded, the BCIS will deny the I-485.