AC21 Change or wait for Priority date to be current (which might come next month or so)

[Ray_raj]

Hi

 

I work for company A for the past 9 years. They filed my labor in December 2008 in EB3 category. It got approved and following that they filed my I-140 which also got approved in April 2010. In the same year I got promoted and they told me that they are ready to process the GC in EB2. I agreed but unfortunately the labor filed for EB2 category went into audit and got denied. But I was persistent and asked them to file again which got approved eventually and the I-140 for the EB2 also got approved in Feb 2013.

 

My company executed a multi-year project at one of our client which started in fall 2011 and got over in fall of 2013. But I am still continuing with the same client who is offering me a good position which I would like to take it.

 

My doubts:

1)      In this month Visa bulletin there was a huge jump from 2004 to Sep 2008 for India EB2 category. So, there are chances that my priority date Dec 2008 might come within couple of months. I can at least file I-485 and get EAD. So, can I change the Employer as soon as I get my EAD?

2)      I am still in H1 which is valid until May 2016 (got three year extension based on approved I-140), and my I-140 approval was received more than a year back. I guess I can use AC-21 portability and transfer my H1. Is it safe to do now? In this way I can ask the new employer to file for GC in couple of months after I join and get my priority date of Dec 2008 ported and be ready in June 2015 and file I-485 next year.

 

Or is there any other option? Please advice. I definitely would like to grab the new opportunity offered by my client. But at the same time, I don’t want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues.

[kchemanth]

hey i am in a similar situation as well, but your date might be current in next month's bulletin..

 

it is a tough one to wait out...

 

My question here is how long does a AC21 approval take if I decide to do that?

[Belle]

For AC21, your I-485 needs to be pending for 180 days and remain unadjudicated (i.e. decision not made).

 

Job change of itself has little to do with AC21. You can work when you have work authorization, which is either EAD or transferred H1.