ac21 portability after i-140 approval

USCIS on May 12,2005 which provides guidance about the I-140 portability provision of AC21(Public Law 106-313) and am wondering if I can benefit from that part of the law. Hi guys need some help understanding how the 180 day portability rule works. If granted, the extension will last for three years, after which it must be renewed. 140 Approved and 485 pending more than 180 days. 3.2 When can I safely use AC21 portability after filing I140? Yes title only job duties do not matter. Guys,Please share your AC21 rule experience.I applied to I-485 at Oct 30th 2020. Calculating the 180 days for AC21 eligibility: The 180 days is based on calendar days (not business days). Question #6 - AC21 Portability/Green Card I sent my I-140 application to the USCIS based on EB1 about 6 months ago. The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided that the proposed . Can an employer revoke/withdraw I140 even if an employee is currently employed. If the employer revokes I-140 after the approval but within the 180 days of the I-140 approval, Does that effect my I-485 application and eventually my status. . After our I-140 is approved and after our I-486 is pending for 180 days: 1.- I can start looking for a job near from were we wan't to live, needs to be similar. However, that changed subsequent to the passage of AC21. If you're an employer, you may want to be aware of this petition, because you never know when it will come in handy. After all of the work, fees, and filing that was done to get an I-140 approved for the second preference level, you still need to wait for the priority date to be current. 3.3 May I still use AC21 if I left my employer before the 180-day mark? It was a complement to the American Competitiveness and Workforce Improvement Act that had been passed in 1998. Portability With Unapproved I-140 Petition. My wife can start doig it, her job doesn't require to be similar. I-140 Pending in downgrade. Thus, once a company withdraws an I-140 petition-regardless of how long it has been approved-a company no longer has to support that I-140, for any reason. Changing employers without affecting green card process. Under certain circumstances, the concurrent filing of the I-140 and the I-485 is permitted due to portability provisions under the American Competitiveness in the Twenty-first Century Act of 2002 (AC21). The focus of AC21 was to change rules related to portability and caps for the H-1B visa to increase . USCIS memos on the topic of I-485 AC21 portability make it clear that such I-485 denials are improper. I will have my lawyer send all the paperwork necessary to USCIS. In my understanding I can use AC21 portability rule and switch jobs starting 180 days after I 140 will be approved (december 2020 due to PP). 140 Approved and 485 pending more than 180 days. I-140 / I-485 (AOS) . Discussion : AC21 Portability Issues. Portability Rules Under the American Competitiveness of the Twenty-First Century Act (AC21) If you have applied for employment-based visas in one of these categories: EB-1 Outstanding Researcher, EB-1 Multinational Manager, EB-2, or EB-3 worker, you might actually be able to switch employers while awaiting your adjustment-of-status decision, if . Changing jobs (shortly after a promotion) with I-140 approval, I-485 pending, and the 180-day AC-21 portability rule Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending After I get my green card, is it legal to work for two companies (and not the original company) simultaneously? Importantly, you can make use of the AC21 provisions only if you are moving to a job position that is similar to the position from your original I-140 petition. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. Yes title only job duties do not matter. Important USCIS or INS Guidance on AC21: AC21 Neufeld Memo - May 30, 2008 If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card can be approved, even if your sponsor cancels the I-140 petition. The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. Can I get additional H1B extensions in one-year increments, before the final decision for my I-140 application from USCIS? Under AC21, a worker whose I-485 application has been pending for at least 180 days may change jobs and move to a different employer (that is, an employer who did not sponsor the worker's I-140 petition) to work in a position that is similar to the position in the previous I-140 petition. If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card may be approved even if your sponsor cancels the I-140 petition. The proposed EAD I-140 rule has been titled by USCIS as "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers" Here are the key changes that will be made under the proposed I-140 EAD rule: 1. Despite the employer's withdrawal . Portability When I-485 Pending 180 Days or Longer. Changing employers without affecting green card process. By Sid786, November 16, 2021 in AC21 Portability. Yes, because an I-140 is the property of your employer, not yours. Specifically, AC21 permits an individual to transfer, or "port", his or her green card process to a different employer if (1) the new job is the "same or similar", (2) Form I-140 has been approved or is approvable when filed concurrently with Form I-485, and (3) Form I-485 has been pending for at least 180 days. Retention of employment-based immigrant visa petitions. Yes, if his I-140 petition is approved before this date. 1-140 downgrade pending more than 180 days and EB3 priority date retrogressed scenarios If the LC is approved quickly, then Mr. Sharma's employer could file an I-140 petition and request premium processing of that petition If the I-140 is approved before the end of Mr. Sharma's six years, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions I leave my current company, company A, and get a new similar job, using AC21 portability with company B. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension. 4. also independently if I stay in same job with current approved i-140, and dates become current to file i-485. Hi, My I-140 was filed in September 2007 and is still being processed. AC21, I140 approved, Online status unchanged I plan on using my EAD under AC21 in the very near future. If the employer revokes I-140 after the approval but within the 180 days of the I-140 approval, Does that effect my I-485 application and eventually my status. (b) all requests for AC21 portability of pending I-485 applications where the beneficiary wishes to transfer their pending I-485 to a new employer or job which is "same or similar" New I-485 Applications. The American Competitiveness in the 21st Century Act (AC21) was an act passed by the government of the United States in October 2000, pertaining to immigration to the United States. I am the beneficiary of an approved labor certification and I-140 petition for permanent residence through a prior employer.The priority When your I-140 petition is approved, your chances of approval based upon portability are better. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. For example - Say my I-140 was filed on Sept 1st and approved on Sept 12th Does the 180 day portability rule start from I-140 received date which is Sept 1st or I-140 approval date which is Sept 12th. When AC21 was signed into law, simultaneous filing of the I-140 and the Form I-485 was not permitted. If your I-140 petition has been approved, then your chances of approval based upon portability are better. Supplement J will inform the USCIS of the employer's actual intent to employ the applicant after their status is adjusted. So I haven't been able to file the I-485. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. I have applied for i-485, EAD with them last year in Oct 2020 when filing dates became current though i . back? My I-9 is based on an L1B status, which is not portable. Green Card on Future employment and AC21 PortabilityPosted: 12 May 2021. Depending on when the 180 day rule starts the end date changes For Sept 1st it will be Feb 27th For Sept 12th it will . While the sponsoring company will lose any liability they have toward the I-140, the beneficiary of the I-140 can use the approval, although withdrawn, for a number of entitlements . At the new job I was not represented by an attorney, but since I paid the old attorney he was supposed to inform me if he received any notice about my case. AC21 eligibility coming up, but no EAD. I worked for my first employer A in US from 2008 to 2012 during which i had an approved i-140. Or right after i-485 filing is OK, since i-140 was already approved 2+ yrs. If a USCIS adjudicator has no knowledge of an individual using AC21 portability, and there is something "wrong" with the Form I-140 (revoked, for example), the adjudicator is required to issue a Notice of Intent to Deny (NOID) the pending I-485. Sid786 0 Sid786 0 Newbie; Members; 0 3 . The I-140 must remain intact until the I-485 reaches the 180-day point. However, the beneficiary will be able to retain their priority date for portability purposes unless one of the reasons below applies. In this article, you will learn more about form I-140 and how to file one. Neither I-140 or I-485 approved yet. AC21 portability allows you to start a new similar job 180 days after I-485 is filed. Approved I-140 petitions remain valid for adjustment portability, H-1B extension and compelling circumstances EADs. After the i-485 filing, must one wait 180days from that time, to get AC21 portability with supp.J if employer changed? H1B portability under AC21 Act. If an I-140 petition has been pending for at least 365 days, you can extend an H-1B visa status for one year at a time beyond the normal 6-year maximum. AC21 Job Portability. 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