Legal Question in Immigration Law in California

Chances in adjustment of status

I am an employment-based immigration petition. On June 12, 2007, the State Department issued the July 2007 visa bulletin indicating that visas were currently available for all employment based categories that I was able to file mine. My I-140 has been approved last march '09 as well as pending I-485 for 23 month. I read USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available. We are in economic hardship that I feel our company will close. My question is what is the chances of my adjustment of status if I will look for another employer.


Asked on 7/19/09, 11:00 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Chances in adjustment of status

A law known as AC21 permits an alien who has had an adjustment of status application pending for at least 180 days to "port", meaning move to, another employer in the same job coding as the job with the petitioning employer. There is a procedure for this which must be adhered to. The likelihood of success, assuming you meet the porting requirements, is greater since you have an approved I-140 already. Without an approved I-140, porting is riskier.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 7/20/09, 11:08 am
Daniel Hanlon Hanlon Law Group, P.C.

Re: Chances in adjustment of status

Dear Inquirer:

Since more than 180 days have elapsed since you filed your I-485, you may switch jobs to a new employer in a "substantially similar" position and continue with the same adjustment of status application. Under this "AC-21" rule, you would not have to refile a labor certification application or I-140.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/20/09, 8:26 pm


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