OLDMONK
07-19 12:46 PM
Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.
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singam
08-31 09:19 PM
According to my entrepreneur friend, people wait 12 times before trying a new product. So we have to keep calling and talking to our friends no less than 12 times .
stucklabor
04-12 12:39 PM
Guys, these are all good suggestions.
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
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wahwah
06-05 04:07 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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rajakannan
06-27 08:04 AM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
howzatt
07-19 09:58 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
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gc_on_demand
11-25 09:33 PM
This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
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jonty_11
07-06 02:17 PM
We need someone to youtube this and help with the media campaign!
Can someone record and post this....?
Can someone record and post this....?
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mbartosik
08-21 01:03 PM
My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
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for_gc
08-01 10:31 PM
Very helpful info about AC21 on Murthy's website:
http://www.murthy.com/news/UDac21qa.html#1
I just googled and this came as the first link.
http://www.murthy.com/news/UDac21qa.html#1
I just googled and this came as the first link.
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Carlau
06-19 04:16 PM
sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx
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help_please
07-14 07:16 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
I emailed my attorney to see if she could clarify whether legals are able to benefit from this bill...I'll post an update once she replies. Have a good weekend!!!
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
I emailed my attorney to see if she could clarify whether legals are able to benefit from this bill...I'll post an update once she replies. Have a good weekend!!!
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venky08
01-06 02:48 PM
dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
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venky08
11-19 09:56 AM
i second this.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
more...
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nogreen4decade
07-16 06:18 PM
Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. Republicans will be against any sort of amnesty, so not a thing will happen till November, but there may be chances of piecemeal legislations to address legal immigration issues if Republicans get the majority.
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
I agree with you on amnesty. And I usually agree with republicans on immigration law reforms. Surprisingly, they have been fair. But I dont think AZ new law falls into this republican agenda. I live in Phoenix. I can see the racist motivation behind it.
Ironically, dont forget that if there are no illegals, noone would be talking about any kind of immigration reform!
Here are 3 scenarios, when this law become effective and how it makes legals suffer again!
1) Let us say they stop citizens. They can always say "we are citizens and we dont have to show you any papers". And they are safe that way
2) Let us say they stop legal non-immigrant visa holders, which is my case. In this case, I have to say that I am not a citizen and I will be asked to show papers. I lived in this country for 11 years. My papers are more complicated that even I get confused. And not only that, it is such a pain to carry them all the time. What if I lose them?
3) Let us say they stop an illegal. Since the illegal immigrant already broke the law once, he/she would have no problem breaking it again saying, "I am a citizen. I dont have to show you any papers!"
So what would this law achieve at that time? Just that legals would get more headache!
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
I agree with you on amnesty. And I usually agree with republicans on immigration law reforms. Surprisingly, they have been fair. But I dont think AZ new law falls into this republican agenda. I live in Phoenix. I can see the racist motivation behind it.
Ironically, dont forget that if there are no illegals, noone would be talking about any kind of immigration reform!
Here are 3 scenarios, when this law become effective and how it makes legals suffer again!
1) Let us say they stop citizens. They can always say "we are citizens and we dont have to show you any papers". And they are safe that way
2) Let us say they stop legal non-immigrant visa holders, which is my case. In this case, I have to say that I am not a citizen and I will be asked to show papers. I lived in this country for 11 years. My papers are more complicated that even I get confused. And not only that, it is such a pain to carry them all the time. What if I lose them?
3) Let us say they stop an illegal. Since the illegal immigrant already broke the law once, he/she would have no problem breaking it again saying, "I am a citizen. I dont have to show you any papers!"
So what would this law achieve at that time? Just that legals would get more headache!
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needhelp!
01-17 11:46 AM
guys please vote for encouragement
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sanju
10-22 04:56 PM
Hey 12 year old Sissy, by any chance is Chris Hansen with you today? I am scared talking with you because I don’t want to talk to 12 year old sissy who has been told not to talk to strangers. Remember what I am talking about :rolleyes:
Anyways, your "assumption" that majority of people are against reputation system is not correct. We see these threads occasionally but it seems almost everyone give reputations. If you are against a system and you have a choice not to participate in the system, would you still participate even if you hate it and can chose not to participate? The participation of almost everyone is a testimony to the fact that majority opinion is not against reputation system.
As far as -ve personal messages are concerned, you have the choice not to look at it. Why not exercise that "choice" and not put the burden on someone else for leaving you an obnoxious message. Its like you are searching for bad information about yourself and as soon as you find something, you start complaining about it. Good that people cannot look into the mind of everyone else otherwise you will ask some mechanism to erase those "wrong" thoughts from their brain. I mean is there an end to this thing?
Have you heard of the word - Hypocrisy. Well, that’s that I am calling here. Why do you keep looking at your reputation and -ve messages if you don't care about it? And if you don't care about your reputation then why you continue to look at it every minute, and complain about it. Either you care or you don’t. It can’t be bother at the same time. And I am choosing to express my opinion for this senseless behavior as it irritates me. I hope you agree that I can make that "choice" to express, I mean you may want to check with Chris Hansen before saying "yes".
Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).
Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.
At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).
Anyways, your "assumption" that majority of people are against reputation system is not correct. We see these threads occasionally but it seems almost everyone give reputations. If you are against a system and you have a choice not to participate in the system, would you still participate even if you hate it and can chose not to participate? The participation of almost everyone is a testimony to the fact that majority opinion is not against reputation system.
As far as -ve personal messages are concerned, you have the choice not to look at it. Why not exercise that "choice" and not put the burden on someone else for leaving you an obnoxious message. Its like you are searching for bad information about yourself and as soon as you find something, you start complaining about it. Good that people cannot look into the mind of everyone else otherwise you will ask some mechanism to erase those "wrong" thoughts from their brain. I mean is there an end to this thing?
Have you heard of the word - Hypocrisy. Well, that’s that I am calling here. Why do you keep looking at your reputation and -ve messages if you don't care about it? And if you don't care about your reputation then why you continue to look at it every minute, and complain about it. Either you care or you don’t. It can’t be bother at the same time. And I am choosing to express my opinion for this senseless behavior as it irritates me. I hope you agree that I can make that "choice" to express, I mean you may want to check with Chris Hansen before saying "yes".
Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).
Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.
At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).
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snathan
06-18 07:19 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
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buddyinsd
10-28 01:49 AM
Mr. Murthy didn't bring out the message correctly. If you read clearly his message is directed towards state govts which dont provide infrastructure and mandatory English as education. So, I think he meant that as long as state govts act upon giving good infrastructure and mandatory English, young talent will remain in India.
But r the bloody politicians listening?
The man is worth $1.6 billion and need not resort to such cheap gimmicks and hez no longer the chief of Infosys. And the guy who cant interpret a simple message and calling it a gimmick whoz he? Some small time programmer sitting in a corner typing stuff about Infosys/gimmicks???--- LOL. Give the revolutionary businessman some respect will ya?
But r the bloody politicians listening?
The man is worth $1.6 billion and need not resort to such cheap gimmicks and hez no longer the chief of Infosys. And the guy who cant interpret a simple message and calling it a gimmick whoz he? Some small time programmer sitting in a corner typing stuff about Infosys/gimmicks???--- LOL. Give the revolutionary businessman some respect will ya?
ssnd03
02-19 10:09 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
sanbaj
03-27 11:55 AM
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
My case was simple. Same Sponsor. Same Category EB2. You case is complex as three different companies are involved. In my understanding, which is very limited, both the approved I140s are yours to use. Whichever sponsor's I140 is applied to your AOS is that sponsor you should joing after AOS is approved. But, AC21 in your case makes it even more complex. You better get a very (interfiling) experienced lawyer to help you out in your case for just to be on the safe side. There is no point taking so much risk at this stage of this prolonged and painfull process.
Best of Luck.
My case was simple. Same Sponsor. Same Category EB2. You case is complex as three different companies are involved. In my understanding, which is very limited, both the approved I140s are yours to use. Whichever sponsor's I140 is applied to your AOS is that sponsor you should joing after AOS is approved. But, AC21 in your case makes it even more complex. You better get a very (interfiling) experienced lawyer to help you out in your case for just to be on the safe side. There is no point taking so much risk at this stage of this prolonged and painfull process.
Best of Luck.
