Approved I-140. Pending I-485 AC21 portability experience

I work full time for my employer on H1B. I have filed for I-485 adjustment of status with my employer in October 2020. I have an approved I-140. I am considering moving cities for personal reasons and transferring to a different office and work in the same position/role for the same employer but a different city. I understand I have the option of AC21 portability since it has been over 180 days since my I-485 was filed. I would like to know if anyone has successfully gotten a green card after using the AC21 portability rule. Anything I need to be cautious about while using this rule? Any past experiences or information will help us make this decision. Thanks!

I think you should be ok but talk to your company immigration lawyer if they need to file I485J supplement as you are changing the location which is different than the one in your I140.

Assuming you are still maintaining your H1B and not using 485 EAD, there may be a need to amend your H1B and a new LCA for PWD if the city you are moving to is not in same MSA as current.

Lastly you should file AR11 online as soon as you relocate so that USCIS will have most updated address for any future communications.

1 Like

Downgraded from EB2 - EB3 in Oct 2020. AOS is pending for more than 180 days now, I-140 recently approved via PP and EAD not received yet. Could you please let me know without EAD approval, am I eligible for AC21 if company B agrees for H1B transfer?

You don’t need EAD for H1B transfer. You become eligible for AC21 H1B extensions beyond 6 years the day your I-140 was approved.

You can use AC21 portability for the GC with the new employer by simply having the employer file I-485J supplement. The new job should be in same or similar occupational classification as the job specified in the PERM/AOS petition.

Thanks for you response Kalpesh. Sorry for not elaborating my question. Please read my question again. If I do H1B transfer using AC21, do I have to redo my green card process again (AOS pending right now and not EAD approved yet).

No. As I mentioned above, your new employer can take over your GC process and simply file I-485J. o need for new PERM/I-140.