MK5 Posted September 15, 2022 Report Share Posted September 15, 2022 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! Quote Link to comment
Attorney_22 Posted August 2, 2023 Report Share Posted August 2, 2023 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. Quote Link to comment
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