AC21 Portability Options Created by Retrogression

Many individuals who filed applications for adjustment of status (form I-485), in recent months are considering the employment portability and flexibility options under the American Competitiveness in the 21st Century Act (AC21). The Murthy Law Firm has provided successful representation for more than a decade to individuals using the AC21 provisions, and is available to assist those who are considering this option. To guide our readers who are considering job changes under the provisions of AC21, we have updated AC21 Frequently Asked Questions: July 2012 Update, for the benefit of our readers.

More People are Eligible for AC21 with Retrogression

The resurgence of AC21 eligibility arises from the rapid forward movement of the U.S. Department of State (DOS) Visa Bulletin cutoff dates followed by retrogression. This volatility occurred in the employment-based, second preference (EB2) category for individuals chargeable to India and China. The rapid forward movement in the visa bulletin occurred between December 2011 and June 2012. Many of the I-485 applications filed during this period remain in pending status due to the unavailability of immigrant visa numbers. AC21 portability applies to I-485 cases that have been in pending status for 180 days or longer.

EB2 Movement Predictions on Timeframes

Based on the most recent predictions, it is likely the waiting time for immigrant visa numbers will be protracted for many of the cases filed in late 2011 and early 2012. Details and insights regarding the visa bulletin predictions were provided to MurthyDotCom readers in our NewsBrief, June 2012 Visa Bulletin: EB1 and EB2 Predictions for Cutoff Dates (18.May.2012).

Conclusion: Murthy Law Firm Can Help

Those exploring AC21 options in order to make changes in their employment may contact the Murthy Law Firm for guidance. Our attorneys are available to consult on case-specific AC21 questions. For those who decide to make employment changes after weighing all considerations, the Murthy Law Firm can provide representation in pending I-485 cases. Where needed, we can respond to requests for evidence or other notices, and pursue matters based on our legal team’s extensive experience in dealing with immigration matters, including AC21.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.