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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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Old 08-19-2017, 09:30 PM
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Default I-140 amendment SII pending at USCIS - can I use AC-21 now to change job ?

Hello Gurus,
My current employer "ABC Financial Services" had merged with "ABC Americas" in June'2016 and the new entity name is "ABC Americas". The "ABC" part in the company name remains same.
So, employer recently filed I-140 amendment for "SII - Successor in Interest" for this company name change - at USCIS Texas service center. Technically it is just company name change because my roles & responsibility remains unchanged. USCIS Texas service center recently taking 4-6 months to process the regular I-140 application !

My I-145 application is pending adjudication since past 2 years in EB2 India category.
Now I got a new job offer from another company. Can I use AC-21 now to change to this new company if the job code SOC is same/similar in the new company ?
OR
Should I wait until I-140 amendment application is approved ?

In I-140 SII amendment application, current employer did NOT attach the original certified PERM because USCIS kept the certified PERM during original I-140 processing.

How much risk do you see if I change company now using AC-21 ?
Can you please share what are my options as until I-140 amendment is approved ?

Thanks in Advance for your time !
Best regards,
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