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Unavailability of Immigrant Visa Numbers for EB2 and AC-21 Changing Employer

Hi William:

Due to the recent unavailability of immigrant visa numbers for EB2 in my country, I am considering using the AC-21 to change job. Do you think it is possible?


Many applicants who filed applications for adjustment of status Form I-485 are considering the employment portability and flexibility options under the American Competitiveness in the 21st Century Act (AC-21). 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. Many of the I-485 applications filed before remain in pending status due to the unavailability of immigrant visa numbers. AC21 portability of job change applies to I-485 cases that have been in pending status for 180 days or longer.

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