AC21 Portability And Retrogression

Google
uint8

Go to company page Google

uint8
Aug 11, 2019 15 Comments

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.

From what i understand - since my i485 is still pending - i can take advantage of AC21.
Has anyone changed employer under ac21 on EB3 after GC interview?

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TOP 15 Comments
  • Evernote / Eng
    mdemde

    Go to company page Evernote Eng

    PRE
    EPAM Systems
    mdemde
    It must be late for the comment, but I successfully used AC21 after the USCIS interview.
    Timeline:
    - interview - beginning of Aug 2019
    - job change - beginning of Sep 2019
    - Green Card approval - late Oct 2019
    So AC21 works. Just make sure to file I485 Supplement J.
    Nov 7, 2019 1
  • It should be possible to do so. The safest course is to have the new company's lawyer file the I-485J for you and stay at the current company until the I-485J is approved, then switch. In this scenario, it should be fine to switch either before or after the I-485 approval and it should be fine to have a short gap in employment between the old and new companies.
    Aug 12, 2019 0
  • Google
    mr_skittle

    Go to company page Google

    mr_skittle
    Does the current company find out that the new company is filing the i-485j? Does the new company also need to file a perm and do you need to get letters from your old managers again?
    Jan 5, 2020 7
    • Google
      mr_skittle

      Go to company page Google

      mr_skittle
      Thanks!!
      I have the EAD in hand so as long as I could keep extending that, would be ideal. If GC were to get denied I would likely then have to attain TN sponsorship (I am Canadian) and could potentially have a gap in employment but could be worth the risk.
      Jan 6, 2020
    • I think it might be difficult to get TN status if you recently filed an I-485. Anyway, good luck to you.
      Jan 6, 2020
  • Verizon / Eng
    Beretta

    Go to company page Verizon Eng

    Beretta
    In a similar situation, had our interview on 22nd July and got a letter saying case being transferred to NBC.
    Aug 14, 2019 3