Changed Employers With a Pending I-485? Attorneys Urge Prompt AC21 Portability Filing
Key Takeaways
- Employment-based green card applicants with pending I-485s who change jobs should notify USCIS of AC21 portability promptly, per Murthy Law Firm guidance.
- AC21 (INA §204(j)) allows “same or similar” job moves after the I-485 has been pending 180+ days and the I-140 is approved.
- The usual vehicle to notify USCIS is Form I-485 Supplement J, which confirms the new, qualifying job offer.
- Delays can invite RFEs/NOIDs and risk denial if USCIS finds no valid job offer supporting the I-485 at decision time.
- Applicants should verify job similarity, document the new offer, and track key milestones (I-140 approval, 180 days of pendency) before or immediately after a move.
Murthy: File AC21 Portability “As Soon As Possible”
It has been reported that Murthy Law Firm is advising adjustment of status applicants who have changed employers to request AC21 job portability promptly if they no longer have the original sponsoring employer’s offer. The firm underscores a core rule: to remain eligible for adjustment of status, a pending Form I-485 (Application to Register Permanent Residence or Adjust Status) must be supported by a continuing, qualifying job offer at the time USCIS (U.S. Citizenship and Immigration Services) decides the case.
The Law, Explained for Applicants
AC21, the American Competitiveness in the Twenty-First Century Act (INA §204(j)), permits “portability” to a new job in the same or similar occupational classification once two conditions are met: the underlying I-140 immigrant petition is approved and the I-485 has been pending 180 days or more. USCIS typically uses Standard Occupational Classification (SOC) codes, job duties, and wages to assess “same or similar.” While there is no absolute requirement to proactively notify USCIS upon changing employers, the practical tool to confirm portability is Form I-485 Supplement J, which either responds to a USCIS request for evidence or affirmatively informs USCIS of the new qualifying offer.
What This Means If You’re Moving Now
For workers on EADs or nonimmigrant status (e.g., H-1B) who change jobs mid-process, timing matters. If the original sponsor withdraws support before 180 days of I-485 pendency or the I-140 is not yet approved, the case can be placed at risk. Promptly filing Supplement J after eligibility is met helps anchor the new offer to the pending I-485 and reduce the chance of a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Practically, applicants should confirm I-140 approval, count 180 days from I-485 receipt, ensure job similarity, and collect documentation (offer letter, duties, SOC code rationale, pay evidence). For many, the safest move is to submit Supplement J soon after changing employers—especially if the prior employer relationship has ended—so USCIS has a clear, continuous basis to approve the green card.
Source: Original Article