180 DAY PORTABILITY RULE INFO

The 180-day portability rule refers to Sec. 106 (c) of the American Competitiveness in the Twenty-First Century Act (AC21). It allows aliens who are applicants for employer-sponsored I-140s to change employers 180 days after the date of filing for I-485 adjustment of status.

If 180 days after filing for I-485 has passed and the application remains pending, the H-1 or L-1 could take advantage of the portability rule and change employer, who would petition for the H-1 or L-1 status of the alien. The new employment position must be the "same or similar" to the position described in the labor certification. Under the AC21, the I-485 can be approved in this situation pursuant to the continuing validity of the I-140.

However, if the alien concurrently filed for I-140 and I-485 and after 180 days decides to change employer, without first approval of the I-140, the original employer that sponsored the I-140 could withdraw sponsorship, which would terminate the I-140 and I-485 application.