AC21 and H1B extension

K

keepupdahope

Registered Users (C)
I'm at a stage where I believe I qualify for the AC 21 portability: I-140 is approved (EB2), EAD is approved and 180 days have passed since my 485 has been filed. That said I wanted to get clarity on a couple of questions:

1. Do I qualify for the AC 21 portability clause given my priority date is current. It has been ever since I filed for my 485 but given I'm from India it may take a while before I see a decision on my case. Labor PD is 07/2002 (5+ years in waiting)

2. My 6th year H1B status is up this month. The current employer (company A) has filed for my 7th year extension. Assuming: H1 extension is approved, I move to another company (company B) on an H1B transfer (if possible) - (a) can company B file for an H1B extension, if the need arises, as the approved labor petition will be from company A (b) are there any known issues or risks

3. Does informing the USCIS about switching jobs, along with company B's offer letter and other needed documentation fulfill the AC 21 requirements or is there a form of sorts/ formal process that needs to be adhered to.

Thanks in advance for any insight offered.
 
keepupdahope said:
I'm at a stage where I believe I qualify for the AC 21 portability: I-140 is approved (EB2), EAD is approved and 180 days have passed since my 485 has been filed.
------you are eligible for AC21
That said I wanted to get clarity on a couple of questions:

1. Do I qualify for the AC 21 portability clause given my priority date is current. It has been ever since I filed for my 485 but given I'm from India it may take a while before I see a decision on my case. Labor PD is 07/2002 (5+ years in waiting)
-----------------You are eligible for AC21
2. My 6th year H1B status is up this month. The current employer (company A) has filed for my 7th year extension. Assuming: H1 extension is approved, I move to another company (company B) on an H1B transfer (if possible) - (a) can company B file for an H1B extension, if the need arises, as the approved labor petition will be from company A (b) are there any known issues or risks
-------------------- let the H1 extension of current employer get approved and then you can transfer H1 with new employer.
3. Does informing the USCIS about switching jobs, along with company B's offer letter and other needed documentation fulfill the AC 21 requirements
-------yes
or is there a form of sorts/ formal process that needs to be adhered to.
-------------No form for AC21. Cover letter+ new employer same/similar permanent job offer letter+copy of your I-485 reciept are enough

Thanks in advance for any insight offered.
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