The 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
- FAQ on “Same or Similar Occupation” under AC-21 (USCIS) (4-7-11)
- I-140 Portability for Employment-Based Adjustment Applicants in Removal Proceedings: Strategies for Challenging Matter of Perez-Vargas (Updated 1-09-08)
- BIA Holds That Immigration Judges Have No Jurisdiction Over 180-Day Portability Issues – Perez Vargas (10-28-05)
- Interim Guidance for Processing Form I-140 EB Immigrant Petitions And Form I-485 and H-1B Petitions under AC-21 (5-12-05)
- INS Memo: Initial Guidance on AC-21 – Includes Section on 180-Day Portability Rule (6-19-01)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl as featured in the February 2018 edition of SuperLawyers Magazine.
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