The American Competitiveness in the 21st Century Act (AC21) allows an individual with a pending I-485 Adjustment of Status petition to seek new employment. This process is known as “AC21 Portability” or “Porting.”
The following conditions must be met in order to qualify:
The new employment must be the “same or similar” occupational classification.
Your Form I-140 must be approved by USCIS, or be approvable when filed concurrently with your Form I-485.
Your Form I-485 must have be pending with USCIS for at least 180 days.
It is important to note that:
The new job does not have to be in the same geographic location.
The new job does not have to pay the same or a higher salary.
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