Yates May 2005 Memo on AC21 and I-140s and October 6, 2006 article USCIS Reissues AC21 Memo with Clarification.

[premdice]

Never Worked for GC-Sponsoring Employer - Potential Fraud

Question 3. I never worked for my "green card" sponsoring employer. It was a future job offer. Can I use AC21 portability?

Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Employment-based green card applications are all based on the concept of a future job offer. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The best proof that a job offer is valid, however, is working for the sponsor. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. The safe approach is to avoid this scenario by working for the sponsoring employer.

 

 

Under this sitiation Now company closed and my i140 and i485 denied previous 2007 now i am on h4

 

Can I use AC21 portability ?

 

 

Thanks

 

 

 

 

[Belle]

You can't use AC21 if your I-485 is denied. Case closed.

[Belle]

It kind of bothers me that you would dive into detail of pretty rare specific situations and not even check out what AC21 is. Like, in general, what it is...