What is AC21 Rule?
AC21, the statute passed by Congress in 1999 that created the option for adjustment-of-status portability, provides that portability requires the offered new job to be in the “same or similar occupational classification” as the job described in the immigrant petition filed by the prior employer.
What is AC21 extension?
AC21 – H1B Extension Beyond Six-Year Limitation. American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit.
Can we extend H1B visa after 6 years?
You can extend your H-1B status even beyond the maximum of 6 years of authorized stay, provided you have an employment based green card petition filed on your behalf in an either EB1, EB2, or EB3 categories, and you are not eligible to file your Adjustment of Status application only because you are from a country for …
What happens if employer withdraws I-140 after 180 days?
If an I-140 petition has been approved or an associated adjustment of status application is filed for 180 days or more, the petition will not be automatically revoked if the petitioner withdraws it or the petitioning employer’s business terminates. The petition remains valid unless revoked on other grounds.
Can I change jobs while waiting for my green card?
Simply put, YES, you can change your employment while waiting for final approval of your Green Card application if your I-485 application has been pending for 180 days or more. HOWEVER, there are rules to portability that you must consider, less you face denial of your application.
When can I file AC21?
Generally, there are two opportunities to file AC21 notification. One is shortly after the individual starts his or her employment with the new employer. The second one is if there is an RFE or NOID issued by USCIS.
