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.

AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card

Question details

Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?

Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?

Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?

Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?

Q5. Suppose I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card. Are both things considered the same, i.e., filing a J supplement and leaving the green card regarding consequences or future issues regarding citizenship/renewal? Or is one thing less risky compared to the second thing?

 

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FAQ Transcript

In most cases, filing Supplement J before moving is preferable. It's a more transparent approach, indicating your intention to change jobs before your green card approval. Moving right after obtaining the green card may require explanations and potentially dishonest justifications for your decision to leave. Therefore, Supplement J is generally considered a better option.

Recording for March 14, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485

Recording for February 15, 2024 Conference Call with Rajiv S. Khanna

FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

Recording for May 18, 2023 Conference Call with Rajiv S. Khanna

FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days

Question details

Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?

 

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FAQ Transcript

You should talk to an employment lawyer.

Recording for March 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics - March 23, 2023

FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||

Laid off on I-485 AOS AC21

Nonimmigrant Visas

Immigration Law

AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?