Can EB1 Multinational Executives and Managers use AC21 Portability?

Quietist

Registered Users (C)
Does anyone have any knowledge, informed opinions, or wild guesses on this question?

I have received conflicting answers on this. The AC21's plain language would seem to cover everyone, and supposedly BCIS agreed with this at first. But recently I have heard that they have changed their position, or at least are having an internal debate about it. There is a theory that the job of a multinational executive and manager is uniquely tied to the particular multinational corporation that employs him or her, so any other employer would not satisfy the "same or similar" job requirement of AC21. This interpretation draws support from the fact that an I-140 petition in this category can only be filed and approved if the executive or manager had previously worked for a foreign affiliate of the petitioner prior to arrival in the US, and no other employer can have this special relationship with the worker.

This is my situation precisely. I am in L1A status, with I-140 approved and I-485 pending. I would like to be able to entertain other job offers, but I don't know if I can change employers safely. Would anyone else with relevant experience or knowledge care to share?
 
AC21 applies to all EB categories.
Can you provide links/evidences discussions that says EB1 are not eligible? EB1 is not simple MNC executives, there are others too in this category. Doctors, Researchers, Govt. employees...
 
I think I had noticed a MNC executive get GC approved after change of job. Search VSC-485 forum- 1-2 months ago.
HTH
 
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