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180-Day Portability Rule

180-Day Portability RuleThe American Competitiveness Act for the 21st Century of 2000 (AC-21) provides, in section 106(c), that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for adjustment of status has been pending over 180 days.

Before approving the application for adjustment of status, the USCIS will request a letter from the new employer to verify that an offer of permanent employment exists. The letter must contain a description of the job as well as the salary. The USCIS will use this letter to determine whether the job meets the same or similar occupation requirement.

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We hope that the following materials below help you to better understand the workings of the 180-day portability rule.

General Information – 180-Day Portability Rule

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