How does concurrent filing affect the AC21 180-day rule for AOS portability?
Pursuant to changes in immigration law brought by the American Competitiveness in the Twenty-First Century Act (AC21), an AOS application that has been pending for 180 days or more remains valid even if the applicant changes jobs or employers as long as the new job is in the same or a similar occupational classification as the job for which the I-140 was filed. Although CIS has not issued regulations detailing how this law will be applied, there is nothing to indicate that the 180-day law will be applied differently for concurrently filed cases. However, if you change employer after the AOS application has been pending for 180-days, but before the I-140 has been adjudicated, and CIS ends up denying the I-140, the AOS application will be denied as well.
