If you are working in the United States on an H1B Visa, knowing important facts about the AC21 is something you would benefit from.
Enacted in the year 2000, the AC21 act provides important provisions, that allows foreign nationals to change jobs, without moving out of the US and before they obtain a green card. Before this act was brought into force, foreign nationals with H1B visa had to leave the U.S. after their H1B period of 6 years was over. Moreover if these employees had adjustment of status application filed, they had to keep working with the same employer for years, until the times when they got a green card. But the AC21 act allows, the foreign nationals to not only change their jobs, but also to extend their H1B status till the time a decision has been.
There are however certain conditions under which the AC21 act can be applicable, these are-
1. AC21 act is applicable if your new job is in the “same or similar” occupation as has been classified with the USCIS during the time of application for H1B visa. While the USCIS has not really clarified about what may be qualified as “same or similar”, certain factors that influence these similarities are:
– The job description of the new employment must match with the description that has been previously provided in the I-140 or labor certification.
– The DOT or the SOC code assigned to the I-140 based on the labor certification is largely used to determine if the new job is similar to the previous one.
– Even the new salary must be similar to your previous job although the salary should not be the sole reason to deny the AC 21 move, it can be a factor for denial.
2. The I-140 has been approved, or may be approvable if filed with I-485
3. The form I-485 is pending for the last 180 days.
If you are serious about implementing the AC21 act, make sure that these circumstances are not against you:
– The AC21 act might not be applicable, if your new employment is not in the same geographic location
– If the new job gives you a salary that is higher, it should not be a reason for denial
– If the opportunity means that you will have to file a new labor certification
(Note that these factors are not always at issue but can potentially harm your case in certain situations)
Another important fact for implementing the AC21 is about notifying the USCIS about the job change you are contemplating. While
there is no particular form that you can fill up in order to let them know your change of employment, you are highly recommended to write a letter to them. This is better in order to avoid problems when the USCIS adjudicates your I-485 as and when visas become available. Your letter should inform the USCIS about the basics of the job change, like:
– The job description
– The new wage levels (cannot be the sole reason for denial)
– Prove that it is in the same or similar occupational category
How many times can you use the AC21 portability act?
The number of times you can use the AC21 portability act isn’t really specified by the USCIS, though it appears that if you meet the eligibility requirements for the AC21 portability act you should be able to port your I-140 more than only once. However exceedingly frequent job changes may raise concerns about the valuation of the jobs you would be offered.
There are many do s and don’ts regarding the implementation of the AC21 portability act, or even understanding the other important facts about AC21 act, in such cases you might want to consult expert immigration lawyers from the Shah Peerally Law firm who will keep you constantly updated about the various changes and memos about the AC21 portability act.
If you want real legal services by experienced lawyers call us today on 510 742 5887 or email [email protected]
Information provided is for educational purposes only. You should not or refrain to act solely on the information provided. You should contact an attorney before you decide to move forward on your case.
