180-Day Portability Rule

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 immigration adjustment of status and is 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.

There is no requirement that a person remain with their initial employer for 180 days or more after the I-485 is submitted. What is important is that the I-485 not be adjudicated during the first 180 days after submission, and that the I-140 be approved.

We hope that the materials below help you to better understand the workings of this rule.

 

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General Information – 180-Day Portability Rule