or The new . AC21 Portability Rule for H1B Extension & Job Change What is AC21 ? This is great for Chao and for the new company because they will not have to invest the time or money to restart from the beginning. H-1B Visa Portability. here is my situation 1. my current employer changed my job title using AC21 job portability, as my I485 is pending more than 180 days. 1. AC21 has offered much needed relief to many immigrants in the past, and is even more critical now. Close. I-140 was approved 2 years ago, I-485 is pending since Oct. 2020. Discussion : AC21 Portability Issues. The AC21 Portability Rule is a rule that grants applicants whose I-485 has been undecided for 180 days or more the capacity to transfer the pending I-485 to another job or employer. [The letter should be written by the I-485 applicant for change of employer who wishes to use AC21 portability provision] [Your Name] [address and phone #] [Date] United States Department of Homeland Security. Do I have to use an EAD to use AC21? Reply. The employer should write "AC21" on the I-9, record the date that the new H-1B petition was submitted to USCIS in the margin next to Section 2 of the I-9, and attach documentation as specified in the handbook. USCIS has indicated that a request to interfile resets the 180-day clock for AC21 portability purposes. I have an EAD and 180 days have passed since I filed 485. Section IV - Q&A on Processing of H1B Petitions Under the H1B Portability Provisions #1. I understand we will have to transfer h1b etc , but what in particular do we need to do to invloke ac21,,,do we notifu uscis that we are swtiching company,,what other documents ddo we need. Also they will provide I485J for the interview. Citizenship and Immigration Services. H1B transfer process is nothing but filing a new H1B visa petition with USCIS that is done using the above "Change Employer" option, but that does not have through go through the H1B Registration process or H1B Visa lottery, because the applicant has already been counted in the H1B visa quota cap.There is nothing really transferred from your old employer to new employer or even your visa . Q. Interim Guidance for Processing H-1B Applications for Admission as Affected by the American 083: Understanding AC21 Portability - H-1B Extensions and the 180 Day Rule In this week's Immigration Law for Tech Startups podcast, I'm joined by my colleague and business immigration attorney, Gilberto Orozco, Jr. as we talk about dive into a very technical area of U.S. immigration law, which is the world of AC21 Portability which has . So if you already have an H1B visa, you do not go through the . Portability allows the employed H-1B worker to enter into employment with a new employer provided that: The new employer has filed a nonfrivolous Petition for a Nonimmigrant Worker (Forms I-129/ I-129W) for the . While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. I already got my H1B transfer approved since I did not have my EAD yet. The AC21 allows certain foreign nationals who are in the process of obtaining their permanent residency, based on employment, to change employers (AC21 Portability) after their; Labor Certification has been completed and approve, after their I-140 has been filed & approved and while the I-485 is being processed. Hi, can someone please provide lights or inputs on the below questions? If the i140 is filed concurrently with i485, then the i140 does not need to be approved for AC21 portability after 180 days of filing. American Competitiveness in the 21st Century Act (AC21) Signed into law in 2000, the American Competitiveness in the 21st Century Act modernized immigration laws pertaining to foreign workers in the United States. This period starts from the day USCIS receives the interfiling request. The AC21 Portability Rule allows applicants whose I-485 has been pending for 180 days or more the ability to transfer the pending I-485 to a new job or employer. Correspondence between AILA member Naomi Schorr and Efren Hernandez of USCIS regarding H-1B portability for persons moving from cap exempt to cap subject employers during the period in which H-1B numbers are unavailable. I was told that when the 485 application is pending I cannot change the job or move to a new Employer until 485 is pending for 180 days. If the H1B transfer petition is denied, the H1B nonimmigrant worker may be left out of status. It has been over 180 days and I quit my employer A to join new employer B. . One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker. The H1B transfer process is similar to applying for the H1B visa initially. back to H-1B. AC21 permits (in fact, its goal is to promote) lateral moves, career progression, and self-employment. back to H-1B. My priority date is Sep 2014. Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker. According to the H-1B portability rules, changing jobs to a cap-subject employer requires the filing of a cap-subject case during the lottery. I was told If. The new rule allows H-1B nonimmigrant workers to change jobs or employers within the 10- or 60-day grace period. Under the portability rules of the American Competitiveness in the 21 st Century Act (AC21), a foreign worker who is in H1B status may change employers and immediately commence work with the new employer once a new H1B petition has been filed on the worker's behalf. Hi, I have recently changed my employer while I-485 is pending for more than 180 days and going to file for AC21 portability using I-485 J. 4. I-485 Supplement J is required for all new I-485 adjustment of status applications based on an approved or pending I-140 immigrant petition. The only acceptable proof of USCIS receipt is the I-797C Notice of Action issued by USCIS upon receipt of a petition. Can an H1B temp worker "port" under sec 105 of AC21 from one employer to another even after the alien's I-94 or last approved petition has expired as long as he or she is still in a "period of . Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs before obtaining a green card (visa portability), and to extend their H-1B visa status beyond the 6-year statutory limit. AC21 has offered much needed relief to many immigrants in the past, and is even more critical now. Posted: 19 Jan 2022. The AC21 same or similar requirement can also be met by positions in different SOC codes, even without career progression. Rules Governing I-485 Portability to a New Employer under AC21. Generally, an lien in H1B status may work for up to six years. is it safe to change Employer and transfer my h1b but can wait for 12 Months to start my GC process? When AC21 became law, labor certifications were valid indefinitely. Many applicants are filing (or having filed) adjustment of status (I-485) applications, mainly in the EB-2 India and China categories. Currently working with H-1b. I140-and H1B portability under AC21 Act. Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140 . Prior AC21 Guidance • On January 29, 2001, the Office of Field Operations issued a memorandum entitled. Q. The 60 days grace period is applicable for non-immigrant workers on H1B, H1BI, L1, O1 E3 and TN Status. That is, H-1B portability is generally only available for transfers from H-1B status to H-1B status (with a new employer). EAD to Use AC21 Portability Not Required. For example, your spouse's H1B status, and has extended beyond the standard 6-year max pursuant to AC21, or has an approved I-140, this would make you eligible to apply for a change to H-4 status and an employment authorization document (EAD) AC21 Portability - Change Jobs with Pending I-485. But the H1B transfer has no visa cap. (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. However we downgraded it to EB3 last year which also got approved before I changed my . A. Before obtaining another round of H1B status, the alien must return to his home country for one year. AC21 contains two important provisions that allow: Change of jobs before I-485 (Green Card) is approved; and. (5) I-140 petitions and Form I-485 applications in connection with the portability provisions of AC21 §106(c). I have filed for my I-485 Adjustment of status in Oct 2020. . Before obtaining another round of H1B status, the alien must return to his home country for one year. The new AC21 portability position must be in the same or similar classification as the I-140 petition to which the pending I-485 was transferred. Otherwise I would have considered EAD. My i485 has been pending for > 180+ days , i have already attended AOS interview, since there were not visas for current fiscal year - i now have to wait at least till October. If i140 and i485 were filed separately then the i140 must be approved & i1485 pending for 180 days. [ [To print the PDF on this page please use the print . Once I start with the new company they will file I-485J to acknowledge AC21 portability. Under AC21, H-1B workers can begin working for a new employer as soon as the new employer files an H1B visa petition for the worker with USCIS. 2. RE: Interim Guidance for H1B Petitions Affected by the AC21. H-1B portability is a provision that allows non-immigrant workers who are in H-1B status and already working for an approved H-1B employer to change employers (port) and actively start work for a new H-1B employer as soon as an I-129 Change of Employer ("COE") Petition is filed with USCIS. Share . I want to change my employer. No. The new rule allows H-1B holders to retain their original priority dates and effectively transfer the priority date from the old I-140 petition to the new Form I-140 petitions. 3. is it advisable to file AC21 ? EAD to Use AC21 Portability Not Required 11. I-485 (General) I have to travel to my home country due to family reasons but not an emergency. The previous I-140 was in EB2 category. Generally, an lien in H1B status may work for up to six years. so if I were to use ac21 to switch job using either h1b or ead, what do i need to do besides switching job and filling up the appropriate I9 form. The transfer of underlying basis of employment-based I-485 applications (i.e. That is, H-1B portability is generally only available for transfers from H-1B status to H-1B status (with a new employer). Do I have to use an EAD to use AC21? AC21 and the other referenced provisions made important changes to several employment-based immigrant and nonimmigrant visa categories. Two recent changes in immigration law affect employers who hire foreign workers under the H-1B visa category. No. The regulations define "filing" as having been physically received by USCIS. However, under a law called AC21, if Chao waits at least 180 days after his employer files the I-485, he can transfer to a "same or similar occupation" at another company. A June 19, 2001 legacy INS field memo described how ports-of-entry (POE) should process requests for admission to the United States under the "H-1B portability" provisions of The American Competitiveness in the 21st Century Act of 2000 ( AC21). Unfortunately, there is another aspect of portability that still remains unresolved. AC21 vs H1B Transfer: KKtexas: AC21 Portability after 180 days of 485 filing: 12: 04-07-2008 09:48 PM: AC21 and H1B Transfer: rameshk75: AC21 Portability after 180 days of 485 filing: 12: 02-21-2008 10:57 PM: AC21 and H1b transfer: Munna Bhai: AC21 Portability after 180 days of 485 filing: 4: 02-05-2008 10:24 PM: AC21 using EAD or H1-B transfer . One of the most significant effects of these changes was the introduction of provisions such as H1B and Form I-140 portability, which offer certain nonimmigrants greater flexibility to remain in the United States. EB2 I140 petition is Approved with PD Sep 2, . While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. I want to change my employer. AC21 and H1b transfer: Munna Bhai: AC21 Portability after 180 days of 485 filing: 4: 02-05-2008 10:24 PM: AC21 using EAD or H1-B transfer: powermax: AC21 Portability after 180 days of 485 filing: 5: 01-21-2008 06:19 PM: All times are GMT -4. Portability. Due to the fact that there are many I-485 applicants who are hoping to switch jobs, our office has handled numerous AC21 green card porting cases. First, the American Competitiveness in the Twenty-First Century Act ("AC21") has made H-1B visas "portable," enabling an H-1B employee to change employers while a "transfer" petition is pending. There are numerous requirements for this rule, with the essential being that the latest job must meet similar criteria or classification of the previous one. The H1B visa has a cap of 65,000 people annually that can get this visa. U.S. While the H1B portability provisions have definite benefits for the employee and new employer alike, the ability to 'port' has one definite downside - employees and employers have no guarantee that the H1B petition will be approved. If I transfer my H1 to new company and do not invoke AC21 and my ex-employer revokes i140, what will happen to my GC? Prior to AC21, an H-1B status holder could not begin work for a new employer until a new petition had been approved by the USCIS, which could take up to 3 months or longer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. Of course, there is an exception if you have held H-1B in the past but are now switching from H-4, B-1/B-2, F-1, etc. 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" Is it Necessary For My I-485 Application to be Pending for More than 180 days if I have an Approved I-140? Customer. There are several requirements to do so with the most important being the new job meeting the same criteria or similar classification. Question on AC21 portability. The new company is filing H1B transfer and listing my home address in PA as a work location, we are waiting on approval. I want to change my employer. From what i understand - since my i485 is still pending - i can take advantage of AC21. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. 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