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Can I transfer H1B while I-485 is pending for less than 180 days ?

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  • Can I transfer H1B while I-485 is pending for less than 180 days ?

    My I-485 is pending and 180 days complete Dec 25th.
    I have an offer from a new employer. Can they start H1B transfer before Dec 25th and still port over my GC under AC21 after I join them after Dec 25th (completion of 180 days)
    Should I wait for 180 days before filing for H-1B transfer ?


  • #2
    Hi,
    If the new job is in the same or a similar job classification then you can do Employment transfer to new Employer. But please make a note, your I-485 application pending for 180 days or longer can able to transfer your employment under AC 21.
    Should I wait for 180 days before filing for H-1B transfer ?
    Answer: Yes.
    Thanks.

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