AC21 portability - Please Help


periasp

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Hello Gurus,

I am currently working for Employer A on my 2nd term H1B. Applied for GC on EB2. PD is March 2010 and I-140 approved and I-485 pending for more than 6 months bcoz of the retrogression. Now I got a job with Employer B and they are willing to do the H1B transfer and help with GC immigration process

Question:

1. If change job, can my employer A cancel my I-140? and do I need to start over again?

2. How soon the AC21 should be applied after getting the H1B transfer? Do I need to change the I-485 from Nebraska to Texas center?

3. My wife who is on H4 with same case, so should I separately apply AC 21 for her?

4. Should both of us file for a new AP and EAD with the new employer since they expire in the next 3 months?

Thanks in advance for your help.

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1. They can withdraw it. Your petition, however, is protected from a simple withdrawal under AC21.

2. The timing of AC21 and H1 transfer is independent of each other. Do whatever makes sense to you. You can't change where your case is being handled, it's all up to the USCIS.

3. AC21 is portability of I-140, and since your wife does not have one, there is no AC21 for her.

4. If you want to, sure.

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