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.

March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration Law

Substantial transcription for video


Discussion Topics, Thursday, 04 March 2021:

 

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job? 


Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status  || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3  || Documents required for parents GC  || Spouses changing from EB-2 to EB-3 with a new law firm and service center  || Maintaining status  || Impact of H-4 EAD expiring on spouses  || Time estimate for pending asylum review  || Impact of moving to a new office branch with AOS pending  || Parent on I-140: Impact on 19-year-old son and CSPA  ||  Green Card through Brother or Sister

Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Substantial transcription for video

Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

Question details

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

FAQ Transcript

Video Transcript

1. The answer is no. But if you want to you could.

2. AC21 protects you from these layoff periods and periods between changing jobs.

3. No problem.

4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.

5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.

6.You don't have to prove job salary to get these renewals.  FAQ in detail...

 

Note: 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.

Pending I-485 Petitions and 180 Day Portability Rule

Question details

1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?

Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule

 

Video Transcript:

1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.

FAQ Transcript





Note: 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.

Nov 19, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 19 November 2020:

EB-1C eligibility after company transition while pending I-485 and L-1A extension || Post completion OPT and employment issues || Canadian citizen applying for TN visa during presidential proclamation ||Sharing misdemeanor details of spouse while filing for green card || Document Checklist for I-485 Adjust of Status || Consular processing and green card when priority date is current||Transition from F-1 to H-1B || H-1B Visa expiring, extension and delay due to wage rate increment || I-485 filing and issues related to primary and derivative applicant || How long for an interview after the priority date becomes current || H-1B visa potential immigration issues for being outside the USA for more than a year during pandemic || Laid off due to Covid and the effect on adjudication of STEM OPT visa || AC21 portability, I-140 and starting a new venture || 221g administrative processing and H-1B visa stamping || Presidential Proclamation and H-1B visa stamping || Change of status from J-1 to F-1 Visa and Biometrics || Understanding the Visa Bulletin || H-1B and prevailing wage levels || Employment Authorization in compelling situations

July 23, Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs: Covid-19/Coronavirus applying for B-2 status || Working from Canada on or off H-1b || How can I qualify for EB-1C/International Managers or Executives ||

OTHER: STEM OPT EAD || Travel on I-539 || AC21 portability || Day trading on H1b (I-140 approved) or on H4? || Can I withdraw the COS to H4 once my H1b is approved? || Green Card expiring, filing I-90? || Disorderly conduct arrest record in the I-485 form || Entry restrictions on visitor visa || Reckless ticket and oath ceremony || Immigration processing delays || Pay on H-4 EAD expiry || Travel to India while the i-539 application is pending ||

June 25, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT

OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||

April 30, 2020, Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs:

-B-1/B-2 visitors visa extension

-Effect of immigration proclamation/executive order on green cards

-H-1B furlough or temporary lay off

-Implications of the 240 days grace period

-I-485 pending laid off/AC21/Supplement J

Other topics of discussion:

-Public charge rule

-H-1-H4-H4 EAD extension concurrently