Dr. William:

My employer applied for Green Card for me in the EB3 category. With I-485 pending, can I leave my current job to take another good job offer using the AC-21 portability? Thank you so much.

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Answer:

For EB3 category, you can leave your current job only after I-140 approval and I-485 pending for more than 180 days, according to the AC-21 rule. The AC-21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days.

As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC-21. Given that some I-485 applicants may be retrogressed for several years, particularly those in the EB3 classification with recent priority dates, this ability to change jobs may be very useful in allowing individuals to progress in their careers. As with any major decision, it is important to be aware of the potential risks involved before changing jobs.