AC21 AOS Portability

AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

Feb 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, February 17,  2022

FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer

Rajiv S. Khanna's Blog: Adjustment of status, transferring the basis of I-485 clarifications

On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:

You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:

Changing jobs (shortly after a promotion) with I-140 approval, I-485 pending, and the 180-day AC-21 portability rule

Question details

I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.

Video URL
FAQ Transcript

I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

Question details

I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?

Video URL
FAQ Transcript

The AC21 law says you can change jobs to a same or similar job once your I-140 is approved and I-485 has been pending 180 days. So until the I-140 is approved you are not protected. More...

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, July 08, 2021:

FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485