Is It Possible to Change Employer One More Time Under the AC-21 Portability


Dr. William:

My I-485 application is still pending, because of the retrogression of immigration visa for my country. I have recently changed job by applying the AC-21 law, due to the I-485 pending of more than 180 days. Is it possible for me to change employer one more time, if my current new job is not good for me? 

A: An I-485 adjudication may be delayed by several years as the result of the immigration visa retrogression, an applicant could change job not just once, but multiple times by applying the AC-21 portability rule. 

The question of whether an applicant may take advantage of AC-21 portability more than once, and still obtain the I-485 approval is neither addressed in the AC-21 law, nor in any USCIS policy guidance. But if the basic requirements of AC-21 portability are met, an applicant would be eligible to change jobs multiple times pursuant to AC-21, and the USCIS seems to agree that porting more than once is acceptable and allowed under AC-21.





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