What is AC21 extension?

What is AC21? Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs before obtaining a green card (visa portability),and to extend their H-1B visa status beyond the 6-year statutory limit.

What is an AC 21?

Signed into law in 2000, the American Competitiveness in the 21st Century Act (AC21) modernized immigration laws pertaining to foreign workers in the United States. AC21 makes greatly H-1B visa and Form I-140 portability, allowing foreign workers in certain situations the flexibility to change employers.

Is AC21 mandatory?

At the time of this writing, AC21 does not have a mandatory filing. Those who follow the general guidance we offer at the Murthy Law Firm, notifying the USCIS of the use of AC21, do not receive any acknowledgement of acceptance or agreement from the USCIS prior to the final case decision.

What is AC21 Section 106 A and B?

Section 106(b) of AC 21 states that “[t]he Attorney General shall extend the stay of an alien who qualifies for an exemption under section (a) in one-year increments until such time as a final decision is made” This can be clearly read as allowing H-1B extensions so long as there is no final decision at the time of …

Can AC21 be denied?

Using AC21 if leaving your employer before the 180 days: Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. Original employer’s I-140 petition is denied by the USCIS at any time; or.

Who files AC21?

Generally, there are two opportunities to file AC21 notification. One is shortly after the individual starts his or her employment with the new employer. The second one is if there is an RFE or NOID issued by USCIS.

What is AC 21 portability for pending I-485 petitions?

Using AC21 if leaving your employer before the 180 days: Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case.

Can 485 be revoked?

The I-485 is based on the I-140, however, which is the employer’s filing. The employer can always withdraw or request to revoke the I-140 petition. An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition.

How long is 485 EAD valid?

one- year
Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual.

Can 2 employers file 485?

General Rule: I-485 Cannot Simply be Filed with New Employer These individuals often ask if the adjustment-of-status application can be filed through their new employers. The only exception to this is if the new employer has an appropriate legal connection to the original employment sponsor.

Can my old employer file 485?

The main thing to understand here is that you can file i-485 without an employer but the USCIS cannot approve it without a valid and current offer of employment from a US employer. This holds true for all employment-based green card queues like EB-1, EB-2, and EB-3.