Does AC21 make adjustment more desirable than consular processing?
: The provisions of section 104(c) and 106(a) for extending H-1Bs beyond the sixth year would apply whether the individual intends to pursue adjustment of status or consular processing. The permanent residency portability provision of section 106(c), however, specifies the filing of an adjustment of status application as a prerequisite for eligibility. Under this provision, someone whose adjustment application has not been adjudicated for 180 days or more can change jobs and/or employers if the new job is in the same or a similar occupational classification as the one for which the petition was filed.
