Changing Employers?

An individual who has an Application to Adjust to Permanent Resident Status pending for more than 180 days may change employers as long as the new employer is offering a full-time permanent position in a same or similar occupation to the position listed in an approved immigrant petition (Form I-140).

Our firm often assists with AC21 cases. As part of our services, we notify USCIS of the change in employers pursuant to the American Competitiveness Act of the Twenty First Century (AC21) portability regulations. We also prepare advance parole and employment authorization renewal documents and respond to Requests for Additional Evidence should the USCIS issue such documents.

In order to review eligibility to work for a new employer pursuant to AC21, we typically request the following documents:

  • Copy of approved labor application (Form ETA 9089)
  • Copy of approved Form I-140, Notice of Action
  • Copies of Form I-485 Receipt Notices
  • Copies of EAD cards
  • Copies of Advance Parole approvals