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USCIS Memo on I-485 Porting After 180 Days Under AC21

January 11th, 2008 Leave a comment Go to comments

This 2003 Yates Memo provides guidance on processing Form I-485, Application to Register Permanent Residence or Adjust Status, when the beneficiary of an approved Form I-140, Petition for Immigrant Worker, is eligible to change employers under Section 106(c) of AC21.

…if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of Section 106(c) of AC21.

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of Section 106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed…

Read the full USCIS memo on I-485 validity (.pdf).

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  1. Padma
    February 13th, 2008 at 20:04 | #1

    Hi John,

    Is it correct to assume with the new memo after 180 days of I485 petition in the event of employer revoking the I140, th employee can still have I485 processed provided its similar occupational classification. Can you also say what occupational classification means. Thanks

  2. February 13th, 2008 at 20:12 | #2

    @Padma: Hi. This isn’t a new memo, it’s from 2003. I just posted it though (because this site is just a few weeks old), sorry for the confusion.

    But yes, if 180 days have passed and the original petitioning employer withdraws the I-140, the I-140 itself remains valid provided the beneficiary/employee works for a new petitioning employer in a similar job classification.

    Similar job classification just means the basic duties for the position are the same in both positions. There is a more complicated legal definition, but generally two positions with similar job duties will be fine.

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