{"id":7653,"date":"2015-01-27T04:56:36","date_gmt":"2015-01-27T12:56:36","guid":{"rendered":"https:\/\/www.peerallylaw.com\/en\/content\/view\/?page_id=7653"},"modified":"2018-03-29T21:52:16","modified_gmt":"2018-03-30T05:52:16","slug":"porting-i485-under-ac21","status":"publish","type":"page","link":"https:\/\/www.peerallylaw.com\/en\/content\/view\/341","title":{"rendered":"Porting I485 under AC21"},"content":{"rendered":"

Adjustment of status portability is a creation of the American Competitiveness in the 21st Century Act (AC21) Pub. L No. 106-313, 114 Stat. 1251 (October 17, 2000), which amended Section 204(j) of the Immigration and Nationality Act.<\/p>\n

This AC21 law allows employees to accept a job that is in the same or similar occupational classification as the job on which the I-140 petition was based, if an adjustment of status application (I-485) has been pending for 180 days or more. The underlying I-140 petition remains valid, even though the applicant has changed jobs.<\/p>\n

The determination that the new job is in the same or similar<\/a> occupational classification is made by<\/strong><\/p>\n

1) Comparing the job duties in the original ETA 750 or 9089 or I-140 with the job duties of the new job;
\n2) Comparing the DOT or SOC codes of the I-140 with those of the new position;
\n3) Comparing the previous and new wage to see if there is a substantial discrepancy.<\/p>\n

Jobs with very different responsibilities may still fall under the same occupational classification because the substantive knowledge required for those jobs can be identical.<\/p>\n

If the originally intended employer withdraws the previously approved I-140 on or after the I-485 has been pending for 180 days, the I-140 remains valid. If the applicant has not already submitted evidence of the new qualifying offer of employment, the USCIS officer should issue a notice of intent to deny.<\/p>\n

An applicant can \u201cport\u201d before the 180 days have passed because there is no requirement that the applicant ever have been employed by the original petitioner while the I-485 was pending. The only requirement is that there was an intent to accept that employment at the time that the adjustment of status application was filed.<\/p>\n

\"ac21porting\"<\/a><\/p>\n

Other Related AC21 articles:<\/p>\n

    \n
  1. The AC21 Letter<\/a><\/li>\n
  2. AC 21 \u2013 Questions and Answers on Same or Similar Position<\/a><\/li>\n
  3. AC 21 Memos<\/a><\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    Adjustment of status portability is a creation of the American Competitiveness in the 21st Century Act (AC21) Pub. L No. 106-313, 114 Stat. 1251 (October 17, 2000), which amended Section 204(j) of the Immigration and Nationality Act. This AC21 law allows employees to accept a job that is in the same or similar occupational classification…<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-7653","page","type-page","status-publish","hentry","page-entry","loop-entry clr"],"_links":{"self":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7653","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/comments?post=7653"}],"version-history":[{"count":1,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7653\/revisions"}],"predecessor-version":[{"id":7654,"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/pages\/7653\/revisions\/7654"}],"wp:attachment":[{"href":"https:\/\/www.peerallylaw.com\/en\/content\/view\/wp-json\/wp\/v2\/media?parent=7653"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}