AC21 portability

[tigermouse]

I have I-140 EB1-OR approved on 9/9/03 (filed on 12/11/02). Unfortunately, I didn't file I-485 concurrently. I'm in process to filing I-485, and hopefully it will be filed in 2 weeks. Recently there are some rumors that the unit I'm working at will be spun off, or sold. If the spin-off or sell happen within 6 months of my filing I-485, can I still use AC21 portability? Any suggestion for my case? Thanks in advance.

 

[Happyheart]

Coud you simply describe your qualifications?

And which center are you applying for? Did you
apply by yourself and by attorney?

 

[gc-despo]

Tigermouse,

If your division is sold or spun off, your I-140 and I-1485 both remain valid. Essentially, the new company will take over all the functions of the old. Very likely, your lawyers will file a simple I-140 amend petition, informing BCIS of the spin-off. As far as I know, yours will not be an AC-21 case because you are not changing jobs or companies.

 

[tigermouse]

thanks for the info.
my qualifications:
in computer engineering field
16 papers - 2 journals, 14 conferences
reviewer of 1 journal and 2 conferences
11 citations
4 + 8 expert letters (originally 4, added 8 for RFE) from Asia, Europe and US
numerous academic awards (probably don't count)
member of IEEE, ACM, Tau Beta Pi (probably don't count)

It filed by my company's attorney at CSC. I made a wrong decision not to file I485 concurrently since I also applied NIW and EA-1A by myself, and I didn't know which petition would go through and should be linked with I485. Now I could just hope nothing really bad happens in the first 6 months of waiting for I485.