What is AC21 for H1B?
What is AC21 for H1B?
Known as the H1B portability, AC21 allows H1B visa holders to change employers under certain circumstances even without possession of the green card. Your employer has filed a non-frivolous petition on your behalf for new H1B employment.
When can you file 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.
Does AC21 apply to EB1C?
AC21 doesn’t apply to EB1C. Is this true? 3.
Can I change job after EAD?
If the person is on EAD/Advance Parole, he/she has to immediately leave the country. Person can change the employer under AC21 portability rule if the Adjustment of Status (I-485) application has been pending for more than 6 months and certain conditions are met.
Can I switch jobs with EAD?
New Job Eligibility You can either get a new job using your EAD or by having the new employer file your new H1 visa.
Does AC21 need EAD?
Do I have to use an EAD to use AC21? No. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job.
What is AC21 job portability?
What are the AC21 Portability Requirements? Per the AC21 Portability Act, USCIS permits foreign nationals to change jobs during the pendency of I-485, if: The proposed employment is in the “same or similar” occupational classification. That I-140 has been approved, or is approvable when filed concurrently with I-485.
Can I switch job on ead?
Technically you can use the EAD card and start working anywhere but once you work outside of your employer (where you are working based on your H-1B), you will no longer be in H1B status and you would only be permitted to remain in the U.S. on the basis of the pending adjustment.
Is AC21 safe?
In our experience, most likely yes. The AC21 determination is governed by the U.S. Department of Labor (DOL) standard occupational classification (SOC) codes, as well as job duties, skills, experience, education, training, licenses, and any other material and credible evidence.
What is AC21 H-1B visa?
AC21 creates a separate H-1B visa pool for applicants holding master’s degrees, increasing the chances that advanced degree-holders may be successful in obtaining H-1B visas.
When can I apply for new employment under the AC21 Act?
The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met: New employment must be the “same or similar” occupational classification; Form I-140 has been approved, or is approvable when filed concurrently with I-485;
Are there any final regulations governing AC21?
Important: USCIS has not published final regulations governing AC21. Service centers and field offices have been operating under the guidance of several interoffice memos. As a result, there are still some gray areas that need further clarification.
Does USCIS provide an official ac-21 form?
No, USCIS does not provide an official AC-21 form. Instead, you or your attorney should send a letter to the USCIS service center explaining that you have invoked AC-21 portability provision.
