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.
You can stay up-to-date with the waiting times in the Visa Bulletin and other immigration news by subscribing to our Free E-Mail Newsletter.
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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 was featured in the February 2018 edition of SuperLawyers Magazine.
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