When can i invoke ac21

However this will not affect your ability to port to a new employer as long as your I has been pending for more than days. The days is based on calendar days not business days. As long as you meet the eligibility requirements each time, you are able to port your I more than once.

No, but it is required to be in the same or similar occupational classification. This means same or similar job title and job duties. While adjusting your I , USCIS will also evaluate the potential of you becoming a public charge so it is essential that your new employer has relevant materials ready, which may include the same documents required as proof of ability to pay. Please use the form below to contact us with any questions about the AC portability process or to schedule a consultation:.

View Cart Checkout. The Supplement J porting request is subject to substantive review and approval; most of the time the Supplement J AC21 porting request is approved together with the underlying I application. AC21 happens automatically. In other words, by meeting the AC21 requirements e. There have been cases when applicants responded to NOID with necessary documents to prove their eligibility for AC21, and their cases were still denied.

Although it is not difficult to reopen such a case with further explanation, it can be a real hassle and waste of time. Another reason for invoking AC21 proactively is to preempt an RFE in cases where there is also a change of address. In addition to preempting an RFE, as discussed above, another reason for filing AC21 notice is the opportunity to change the attorney of record on the I case.

Another reason to proactively invoke AC21 and inform USCIS of the new employer sponsor is the string of Appeals Court cases which have established a notification right of new AC21 sponsor employers in connection with I revocation of an earlier petition by a former employer. See details. Similarly, a November Policy Memorandum entitles a properly-ported AC21 beneficiary to certain rights in the event of I revocation proceeding.

Generally, there are two opportunities to file AC21 notification. One is shortly after the individual starts his or her employment with the new employer. Recognizing that there may not be an RFE or NOID issued at all, the question becomes whether it is worth spending the time and money to prepare and file AC21 shortly after starting the new job. Generally, a new job should be in the same job classification as the job for which the approved immigrant petition was filed.

Positions that are claiming identical SOC codes are generally considered as qualifying for AC21 portability. The same is true for positions within the same SOC broad occupational code i. AC21 permits in fact, its goal is to promote lateral moves, career progression, and self-employment. Career progression to jobs which may be in different SOC codes can be acceptable for AC21 portability. The AC21 same or similar requirement can also be met by positions in different SOC codes, even without career progression.

The regulation expands the ways U. The new rule: Permits a new employer sponsor to make use of an employee's "priority date" or place in the green card queue from a prior sponsorship even if the prior sponsor withdraws its sponsorship or goes out of business while the green card process is underway.

Eliminates the need for new sponsorship entirely for employers that recruit candidates in the final, adjustment-of-status stage of the green card process, provided there are key similarities between the new job and the job described in the prior sponsorship.

Reduces the risk of gaps in work authorization when onboarding adjustment-of-status applicants whose work authorization cards will soon expire.

Overview of the Process When an employer sponsors an employee for an employment-based green card, the law requires that both parties intend for the employee to work for the employer in the sponsored job as of the date the green card is approved, and for a reasonable period of time thereafter. Employment Visas ] It is more complicated when a company wants to hire a candidate whose green card process with another employer is still pending.

The new regulation provides that a new employer may hire a candidate in the green card process and avoid the time and expense of new sponsorship—known as "adjustment-of-status portability"—when all of the following apply: The candidate is an applicant for adjustment of status. The adjustment-of-status application has been pending for at least days. The candidate is the beneficiary of an approved immigrant petition, or a pending immigrant petition that is ultimately approved.

The new employer is offering the candidate a full-time position that is in the same or a similar occupational classification as the job described in the immigrant petition that was filed by the prior employer. It is this final bullet point that warrants further discussion. Employment Authorization Once the new employer confirms that the candidate is eligible for adjustment-of-status portability, it must then examine the type of temporary employment authorization the employee currently has and determine the quickest way to bring the employee on board.

You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks. OK Join. However, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification.

For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression.

For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position.