Dr. William:

I am a H-1 visa holder. Under AC-21 law, can I change employer more than one times, after the I-140 approval and the I-485 pending for more than 6 months? What will be the consequence if my I-485 gets approved while I am traveling abroad with a valid advance parole?

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Answer:

AC-21 does not have limitations for employer change times. A new employer is your new sponsoring employer for AC-21 portability, if 3 conditions have been satisfied: the I-140 has been approved; the I-485 is pending in excess of 180 days; and you will work in the same or similar field.

Due to the dual intent of the H-1 visa holder, you can enter the U.S. on the AP, and then go to the local USCIS office to obtain a stamp on the passport, a temporary evidence of lawful permanent resident status.