Can I Use AC-21 Rule to Accept a
Promotion or Transfer with My Green Card Sponsor?

Dr. William:

I am in H-1B status and my I-485 application is pending for more than 6 months, can I use the AC-21 rule to accept a promotion or transfer with my Green Card sponsor? Does the promoted job have to be in the same geographic location?


The AC-21 rule gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. These promotions or job changes can be used to continue the same Green Card case under AC-21, as long as the new job meets the same or similar job classification requirement.

The promoted job does not have to be in the same geographic location. There are no geographic limitations on the new employment position under AC-21.







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