AC21 portability applicable for L1A visa holder?

[dirao]

I have come across a lot of discussion pertaining to the applicability of AC21 for portability, in the implicit context of an underlying H1B visa and Labor Certification. However, I am struggling to find any clear answers on the laws applicable to L1 visa holders.

I am on an L1A visa, and have filed concurrently for I140 annd I485 under EB1 category last October, without having to go through Labor Certification. At that time, I also applied for my EAD which I received promptly the next month. My I140 and I485 are still under process.

Would the AC21 portability provisions apply to me as well, if I were to switch to a 'same or similar' managerial job after my I140 approval and 180 days of unadjudicated I485 filing? What is the earliest safe point in time (during or after the green card process) for an L1A visa holder to switch jobs?

Thank you.

 

[tammy2]

I have come across a lot of discussion pertaining to the applicability of AC21 for portability, in the implicit context of an underlying H1B visa and Labor Certification. However, I am struggling to find any clear answers on the laws applicable to L1 visa holders.

I am on an L1A visa, and have filed concurrently for I140 annd I485 under EB1 category last October, without having to go through Labor Certification. At that time, I also applied for my EAD which I received promptly the next month. My I140 and I485 are still under process.

Would the AC21 portability provisions apply to me as well, if I were to switch to a 'same or similar' managerial job after my I140 approval and 180 days of unadjudicated I485 filing? What is the earliest safe point in time (during or after the green card process) for an L1A visa holder to switch jobs?

Thank you.

Once you file for I-485 you are pending AOS. All the employment based GC applicants can use the AC-21. It is nothing to do with visa type.