I upgraded from EB3 to EB2 recently and wish to switch employers. For AC21, is it the I-140 or the I-485 that needs to be pending for 180 days?


It is the I-485 that must be pending for at least 180 days in order to utilize the AC21 green card (GC) portability provisions. Otherwise, it would be necessary to start the GC case all over again, with only the priority date retention available from the earlier approved I-140. (14.Jul.2014)

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