can I successfully apply for AC21 portability?

[sabrinalee]

Hi, I am currently an assistant professor in a research university. I have received 140 and got EAD card after filing 485. I will join a company to work as a researcher in the same field. In my 140 application as a professor, the job description is very vague as "teaching, research, some service to the department, and some advising for students". Since it is a research university, research actually takes 80% of my time in my work. In the new company, it is no more academia but I should also spend 90% of time to do research and 10% on other related trivial stuff. The salary of the two jobs is similar. 

 

The main worry is that the job code should be different because one is an academia university and one is a company in industry. One job title is assistant professor and one job title is quantitative researcher. 

 

In this case, can I successfully apply for the AC21 portability? If there is any risk to fail, how high is the risk to fail? Any one give me some idea? thank you so much!

[pontevecchio]

What EB1 classification was the GC ? You should discuss more specifics with the firm of Murthy or any of your choice.

[pontevecchio]

You do not apply for AC21 portability. There is no specific form involved. If they send an RFE later on, you will need to answer. I suspect you will be fine in what you propose to do. It would be prudent to actually consult the firm of Murthy with your specifics before making any errors of judgement.

[Attorney_15]

Under USCIS's new guidance on what qualifies as "same or similar" this could potentially work for AC21. The just released guidance at https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Final_Same_or_Similar_Policy_Final_Memorandum_3-18-16.pdf explains that this is a factual question to review where they will examine the essential duties of the position. After review of the memo you may want to consult with an attorney for specific legal advice.