AC 21
Mar 27, 2025
AC21 portability to self employment
Hi guys, I filed my I-140 and I-485 in Nov 2024 but it looks like I may be getting laid off soon before the 180 day deadline. I will ask my employer not to withdraw my I-140.
Assuming I can preserve it past 180 days, I’d like to start my own business. AC21 portability actually allows pending I-485 holders to transfer this not to another third party employer but actually your own company, as long as it’s in a “same or similar” job. Does anyone have any experience with this or can recommend a lawyer who has done these? I’m unclear how USCIS views this in light of tighter standards today, and what documents I need to submit to prove the business is legitimate (it will be founded this year but I have sufficient 6-7 figures of savings to capitalize the business).
How should I go about filing this after 180 days? Would I sign the supplement form J as my own employer? That doesn’t seem right to me either.
ADVERTISEMENT
huber Manu Mar 28, 2025
I think you need to be employed in the same or similar are for portability to work.
Saleh TamimiMar 28, 2025
The AC21 rule allows H-1B visa holders to extend their stay beyond the standard six-year limit under specific conditions, primarily if a PERM labor certification or I-140 petition has been pending for at least 365 days.
Eric MNMar 28, 2025
@AC 21 I have been in such situation. As per description above, may be CENA Immigration can help. We can discuss inbox
AC 21Mar 28, 2025
@Eric MN great I’d love to connect please. I’m new here, is there a messaging function?
