Porting or change of jobs or employers is allowed under AC-21 act and can be done under certain circumstance pending adjudication of permanent residence status may be done in certain circumstances. The rule allows the foreign national workers to enjoy flexibility in employment.
Porting can be done if:
i) PERM or Form I-140, the petition for permanent residence is filed and pending for certain period of time; or
ii) approved and the application to adjust status is pending for more than 6 months, AND,
the new job is in the same or similar classification.
Porting is offered considering the long wait times in processing Form I-485, adjustment of status application to create job flexibility to the foreign national employee.
There are times when only petition is withdrawn, revoked, denied or is no longer valid.
Employer would like to withdraw the petition in form I-140; or,
USCIS revokes the petition.
A request for evidecne (RFE) might be issued however in order to investigate whether the new employment of the employee is in the same or similar classification... All RFEs must be responded to within time.
You should contact your attorney if you would like to change jobs or employers and awaiting processing of permenent residence status.
Call for advice on following situation or have other questions:
You want to change job/ employer and your employer has filed
i) A labor certification or Form I-140 for you which is pending or
ii) Decision on Form I-140 is awaited.-
Labor certification and/ or the petition in form I-140 has been approved but an adjustment of status application can not yet be filed; or
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Labor certification and/ or the petition in form I-140 has been approved and an adjustment of status application is filed and is pending; or
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Labor certification and/ or the petition in form I-140 has been approved and an adjustment of status application is filed and is pending and your employer received an RFE; or
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Labor certification and/ or the petition in form I-140 has been approved and an adjustment of status application is filed and is pending and previous employer withdrew your petition in I-140; or
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Labor certification and/ or the petition in form I-140 has been approved and an adjustment of status application is pending and your employer would like to extend your H-1B status; or
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Labor certification and/ or the petition in form I-140 has been approved and an adjustment of status application is pending and priority date will not be current for many years and the employer is willing to file additional petition for permanent residence or you would like to upgrade or change category of your existing I-140 petition.
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Your employment based adjustment of status application is pending decision and you would like to be self employed.