Am I able to port my pending employment-based I-485 Application for Adjustment of Status to a new employer?

Porting an Application for Adjustment of Status (I-485) to a new employer under AC21

By Ari Sauer, partner and immigration lawyer at the Siskind Susser Law Firm.

Last updated: August 17, 2025

QUESTION: My company filed an I-140 immigrant petition for me which was approved two years ago. My I-485 application for adjustment of status was filed a year ago. I have another company interested in hiring me. When can I port my I-140 and I-485 application to the new employer. And what needs to happen so that I can port my I-485 application to the new employer?

THE IMMIGRATION ANSWER MAN: The American Competitiveness in the Twenty-First Century Act (AC21) created the ability to “port” your I-485 application for adjustment of status (green card application) to a new offer of employment where:

1) the I-485 application is based upon a Form I-140 petition that is approved or that is pending and is ultimately approved;

2) The I-140 petition is filed in the employment-based 1^st, 2^nd, or 3^rd preference category;

3) the I-485 Application has been pending for 180 days or more;

4) the new employment being offering to you must be in the same or similar occupational classification as the job offered in the I-140 petition; and

5) the employer for the new employment submits a Form I-485 Supplement J Confirmation of a Valid Job Offer or Request for Job Portability Under INA Section 204(j) once the I-485 application has been pending for at least 180 days.

Note that the new job offer may be with the same petitioner that filed the I-140 petition or with an entirely new employer, including self-employment.  

So you should be eligible to port now. You have an approved I-140 petition. Your I-485 application has been pending for more than 180 days. As long as your position with your new employer is the same or similar to your position with your old employer, then you meet all the requirements for porting your I-485 application to your new employer. I would suggest that you meet with a qualified immigration law attorney before you switch employers to get their opinion of whether the new position is the same or similar to the old position.

In order to port the I-485 application to the new employer, your new employer needs to file the Form I-485 Supplement J Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j). This is a form that provides USCIS with the information needed for USCIS to determine that the position being offered by the new employer is the same or similar to the position offered in the I-140.

If you would like to discuss your case with me, or you would like my assistance with filing your application, you can schedule a consultation appointment with me by calling 901-682-6455 or by clicking here to schedule a consultation appointment with an immigration lawyer (https://www.visalaw.com/). Standard consultation fees apply.

Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment.

* This is an advertisement. Ari Sauer is a partner with the Siskind Susser Law Firm (https://www.visalaw.com/team/ari-sauer/). On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.