AC21 Portability after TUB

[MK5]

Hello Friends,

My 485 was filed in Oct 2020 with EB3 downgrade and later I interfiled upgraded to EB2 thru TUB in June 2022 and my case remains pending in FO as the PD retrogressed. Do I have to wait 180 days from June 2022 (the date of interfiling) to be able to utilize AC21 portability? Also, should I now consider that my 485 is already in EB2 Queue ? Appreciate your help. Thank you!

[Attorney_22]

On 9/15/2022 at 1:31 PM, MK5 said:

Hello Friends,

My 485 was filed in Oct 2020 with EB3 downgrade and later I interfiled upgraded to EB2 thru TUB in June 2022 and my case remains pending in FO as the PD retrogressed. Do I have to wait 180 days from June 2022 (the date of interfiling) to be able to utilize AC21 portability? Also, should I now consider that my 485 is already in EB2 Queue ? Appreciate your help. Thank you!

Regarding interfilings, it is generally assumed the last action taken is the category and job offer connected with the pending AOS. In regards to AC21, whether or not this is accurate under the law, USCIS states they will start the 180 day clock from when the interfiling request was made.