Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
murthy_questions

Understanding AC21 180 day rule

Recommended Posts

AOS - Pending with receipt date of 10/26/20, did not received appnt for biometrics yet i.e. no EAD

I140 (EB2 to EB3 downgrade in Oct. 2020) - Approved

I recently received a offer in Similar Occupational Classification so trying to understand if I MUST wait until Monday 04/26/20 to join new employer (understand that H1B transfer approval notice take until March/end or so even with premium processing; not sure if employer would be willing to wait any longer after that)

As per USCIS, to file I-485J, AOS should be pending for 180 days or more since the AOS receipt date.  Does it have to do anything with my joining date with the new employer? i.e.

Should 180 days be counted as Joining date@new employer minus receipt date OR
Should 180 days be counted as Filing date of I-485J@New Employer minus receipt date

My current employer confirmed that they do not revoke AOS or I140 application after employee leaves

Edited by murthy_questions
For more clarity

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×