Does AC21 portability rule apply to employer sponsored EB1-A (extraordinary ability) petition?

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I am not able to find answer to the above question either on USCIS website or on any forums. I understand that in scenario when EB1-A is self-petitioned, then petitioner can change the job anytime during the process. However, what happens if employer sponsored the EB1-A petition. Does AC21 apply here (because i140 is tied to the employer)? My intuition says that since there is no PERM/Labor involved in the process, hence AC21 should not apply. But would love to get experts comment in here. Thanks!

Attorney Answers

2
Ruben Martinez ·
Because an EB-1A is not required to have a job offer or a labor certification, the beneficiary need only demonstrate how he or she plans to continue work in the United States. Therefore a petition remains valid, even though the alien will not be working for the prospective employer, as long as the alien can demonstrate how he plans to continue his work in the United States. Therefore, at the time of visa or adjustment interview, the alien should present new documentation to this effect. To discuss in more detail, consult with an immigration attorney. Many offer free assessments. Best of luck to you.
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Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Yes, you can change employer if I485 is pending for 180 days or longer, provided you will be engaged the same or similar occupation. Keep in mind that there is no requirement for EB1A to be sponsored by any employer. It is a self petition. Only EB1C. When the employer supported you is an added bonus.
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