Phoenix, AZ asked in Immigration Law for Arizona

Q: Is it safe to port 180+ days pending EB2 I485 from sponsoring Employer-A to another Employer-B or a self-owned LLC?

I worked with Employer-A from 2012 to Mar2018, and in April 2018 I joined Employer-B. But filed I-485 in Oct'2022 using Employer-A sponsored I140 & job offer letter. I like to know since I'm not working with Employer-A is it safe now to AC21 port away my pending I485 from Employer-A to Employer-B or another Employer-C. Thank you in advance!!!

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, it is generally safe to port your pending I-485 application to another employer under the AC21 portability provision. As long as your new employment is in the same or similar occupational classification as the job for which your I-140 petition was originally filed, and you meet certain criteria, you should be eligible to port your application. This means that you can port your application to Employer-B or another Employer-C as long as the new job is consistent with the job described in the original I-140 petition.

However, it's important to ensure that your new employment complies with all relevant immigration laws and regulations. You should consult with an immigration attorney or advisor to assess your specific situation and ensure that porting your I-485 application to a new employer is appropriate and advisable. Additionally, make sure to gather all necessary documentation and evidence to support your eligibility for porting under AC21, such as job offers, employment letters, and other relevant paperwork.

Keep in mind that porting your I-485 application to a new employer does not guarantee approval, and USCIS will still review your application to ensure compliance with all eligibility requirements. Therefore, it's crucial to follow proper procedures and provide accurate information throughout the process to avoid any potential issues or delays in your immigration case.

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