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How many times can you use AC21 portability? Is there a limit to it? Have transferred twice and plan to transfer again.
Anonymous1 views2 answers
Has an approved I-140 and I-485 pending for more than 180 days has EAD card, transferred to employer B using AC21 port act worked for more than a year, transferred to employer C again using AC21 worked for 6 months. Currently wishing to transfer to employer D again wanting to use AC21. Is this still possible?. Both employer B and C's agreement is at will ( NO BREACHING OCCUR). Will this changes in employers in anyway affect my I-485 in the future.
Perhaps. The more confusion that is created, with repeated portability, the higher the probability for delays and perhaps denial. What may work in theory, due to arguably vague procedures, may not work in practice. The jobs must be substantially similar. Some applicants make errors in their assumptions on what they think are substantially similar positions. If the USCIS is skeptical, then such leapfrog like activity may create reason for concern.
Attorneys do not have a crystal ball nor provide legal advice for entertainment purposes. However, if you want legal advice and truly appreciate the challenges and law, then I strongly recommend that you schedule an appointment with a candid and experienced immigration attorney. Our offices are in Chicago.
The above is general information and does not create an attorney client relationship.
I am not aware of any limitation to AC21 porting as the USCIS surely recognizes that the I-140/I-485 process is backlogged and that it would not make for good public policy to restrict an employee's freedom of movement.
As you seem to be in great demand you should know that you could even work for two H-1B employers at the same time!
"H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. Source: Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994)
