How AC21 Portability Works When Changing Jobs After Filing I-485

If you are waiting for your employment-based green card and want to know if you can change jobs without starting the process over, the AC21 portability rule may help. This rule is important for many people who have filed Form I-485 (Adjustment of Status) and are stuck in long green card backlogs. Here, you’ll find clear answers about who qualifies, what counts as a “same or similar occupational classification,” how to use the rule, and what to do if you’re not eligible yet. You’ll also see practical examples and tips to improve your chances.

Who Qualifies for AC21 Portability?

To use the AC21 portability rule, you must meet all of these requirements:

• Your Form I-485 has been pending for at least 180 days.
  This means you filed your adjustment of status application, and it has not been approved or denied for at least six months.

• Your Form I-140 petition is approved or approvable.
  The I-140 is the employer’s petition for you. If it was filed at the same time as your I-485, it must be approvable (not denied or withdrawn).

• You have a new job offer in the same or similar occupational classification as your original job.
  The new job must be close enough to your old job in terms of duties, skills, and industry.

If you do not meet all three of these requirements, you cannot use the AC21 portability rule.

Detailed Requirements and How to Meet Them

Let’s look at each requirement in more detail:

1. I-485 Pending for 180 Days or More

• You must wait at least 180 days after USCIS receives your Form I-485 before changing jobs.
• If you change jobs before 180 days, you will not qualify and may have to start the green card process over.
• The 180-day clock starts from the date USCIS receives your I-485, not the date you mailed it.

2. Approved or Approvable I-140 Petition

• If your I-140 is already approved, you meet this part.
• If you filed I-140 and I-485 together (concurrent filing), the I-140 must be approvable when you change jobs. This means it should not have any big problems or be likely to get denied.
• If your employer withdraws the I-140 before 180 days, you lose eligibility. If they withdraw after 180 days, you can still use AC21 portability.

3. Same or Similar Occupational Classification

• The new job must be in the same or a closely related field as your original job.
• USCIS looks at the job title, duties, required skills, and industry.
• They may use the Standard Occupational Classification (SOC) code to compare jobs. If the SOC codes match or are very close, that’s a good sign.
• The new job does not have to be exactly the same, but it should be similar in main duties and required skills.

Examples:

• If your original job was “Software Engineer” and your new job is “Senior Software Developer,” this usually qualifies.
• If your original job was “Accountant” and your new job is “Financial Analyst,” you may qualify if the duties are very similar.
• If your original job was “Mechanical Engineer” and your new job is “Sales Manager,” this likely does not qualify.

How to Prove the Jobs Are the Same or Similar

• Get a detailed job description from your new employer.
• Compare the main duties, required education, and skills to your old job.
• If possible, show that the SOC codes are the same or very close.
• Keep records of your old and new job offers, pay stubs, and any other proof of your work.

How to Use the AC21 Portability Rule: Step-by-Step

1. Wait until your I-485 has been pending for 180 days.
2. Make sure your I-140 is approved or approvable.
3. Get a new job offer in the same or similar occupational classification.
4. File Form I-485 Supplement J with USCIS to confirm your new job offer and request portability.
   • You can find the official Form I-485 Supplement J on the USCIS website.
5. Start working in your new job after filing Supplement J.
6. Notify USCIS that you have started the new job. You can do this proactively or if you get a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
7. Keep your original priority date from your I-140. This helps you keep your place in the green card line.

What Happens After You File Supplement J?

• USCIS will review your Supplement J to make sure your new job qualifies.
• If they need more information, they may send you an RFE or NOID.
• If approved, you can continue your green card process without starting over.
• Your Employment Authorization Document (EAD) and Advance Parole remain valid.

Disqualifying Factors

You cannot use the AC21 portability rule if:

• Your I-485 has not been pending for at least 180 days.
• Your I-140 is denied, withdrawn before 180 days, or revoked for fraud or misrepresentation.
• Your new job is not in the same or similar occupational classification.
• You do not file Supplement J or fail to provide enough proof of job similarity.

Alternative Options If Not Eligible

If you do not qualify for AC21 portability, you have a few options:

• Stay with your current employer until your green card is approved.
• Start a new green card process with your new employer. This means filing a new PERM labor certification, I-140, and I-485.
• Explore other visa options if you lose your job, such as H-1B transfer, O-1, or L-1 if you qualify.
• Consult an immigration attorney for advice on your specific situation.

How to Improve Your Chances

• Wait the full 180 days before changing jobs.
• Keep good records of your job duties, job offers, and employment history.
• Work with an experienced immigration attorney to review your case and help with documentation.
• Make sure your new job offer is clear about duties and requirements, and matches your old job as closely as possible.
• File Supplement J as soon as possible after changing jobs to avoid delays or problems.

Recent Updates and Best Practices

As of August 2025, there have been no major changes to the AC21 portability rule. USCIS still requires Form I-485 Supplement J for job changes. Immigration lawyers recommend filing Supplement J right after you change jobs and keeping all paperwork organized. According to analysis by VisaVerge.com, careful documentation and timely notification are the best ways to avoid delays or denials.

Case Study Example

Priya is an Indian national working as a Software Engineer. She filed her I-485 in January 2024, and her I-140 was approved. In August 2024, after her I-485 had been pending for over 180 days, she received a job offer as a Senior Software Developer at another tech company. The new job had similar duties and required the same skills. Priya’s new employer provided a detailed job description matching her old role. She filed Form I-485 Supplement J with USCIS and started her new job. USCIS reviewed her case, found the jobs to be similar, and Priya kept her place in the green card line without starting over.

Official Resources

For more details, you can visit the USCIS Policy Manual on Job Portability under AC21. This page explains the rule, requirements, and how USCIS decides if jobs are the same or similar.

Key Takeaways

• You must have a pending Form I-485 for at least 180 days, an approved or approvable I-140, and a new job in the same or similar occupational classification to use the AC21 portability rule.
• File Form I-485 Supplement J to confirm your new job and keep your green card process moving.
• If you do not qualify, stay with your current employer or start a new green card process.
• Careful documentation and timely action are the best ways to avoid problems.

If you’re unsure about your situation, talk to an immigration attorney who can help you understand your options and guide you through the process. This flexibility can make a big difference for many people waiting for their green cards in the United States 🇺🇸.