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| AC21 - Quick Reference !! |
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AC21 portability is generally available to the applicant whose I-140 has been approved and I-485 has been pending at least 180 days. This statement is not TRUE.
If a 485 is pending for more than 180 days, you can change employers, irrespective of whether I-140 is approved or not. Under this sccenerio, you can change employer, as the previous employer has no control over your I-140 and even if they revoke I-140, all the service centre needs is AC21 papers. This rule is irrespective of the service centre in which the application is filed.
While it is true that under AC21 rule one can port to another employer even if I-140 is not yet approved while I-485 is pending for more than 180 days, there is still a risk that the original petitioner may not respond to any RFE which will make the I-140 "unapprovable".
For me, that risk is too high that I cannot take. Even the closest friend can betray you, how much more an employer who you left for another? In this world, I trust no one (except my God).
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