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Any Risk of porting under I-140 under AC21

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  • Any Risk of porting under I-140 under AC21

    I saw this question on another forum and wanted to know the answer?

    "have an approved I-140 EB2 with Feb 2012 as PD. I understand I can change jobs and port PD (even if the current employer cancels 140). My question is does any one have a real life experience of porting I-140 PD in a new company? Are there certain precautions I should take? how does it effect things such as I-485, H1B stamping etc (if at all)."

  • #2
    AC 21 portability is quite safe as long as it is done properly. Porting does not require any letter however it requires compliance such as:
    1. 180 days has passed since the I-485 was filed
    2. You move to the same or similar position.
    3. It is always good to wait for an I-140 approval before moving however it is not indispensable.

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    • #3
      Do you receive a notice when you port or no notice?


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