AC21 job change eligibility check
An employment-based green card application is normally tied to a specific employer's position. The American Competitiveness in the Twenty-first Century Act (AC21), passed in 2000, gives applicants waiting on a backlog a way out: once an I-485 adjustment of status application has been pending for 180 days, you may, if the conditions are met, move to a new employer or a new position while the original I-140 remains valid and the green card application continues. This is often called an "AC21 job change" or I-485 "portability."
Answer the questions below and the calculator will work out how many days your I-485 has been pending and the date it reaches 180 days, and flag possible issues one by one.
What the calculator checks
- Category: whether the case is based on EB-1, EB-2 or EB-3 employment-based immigration. EB-1A and the National Interest Waiver (NIW) are self-petitions that are not tied to a specific employer, so they generally do not need to rely on an AC21 job change; the calculator flags this separately.
- Days the I-485 has been pending: counted from the Received Date on the receipt notice to today. Changing jobs before 180 days may leave the I-485 without a basis.
- I-140 status: approved, pending, or denied or revoked. If the I-140 is still pending, it must have been "approvable" when filed and remain so until the I-485 has been pending 180 days; USCIS will adjudicate the I-140 first.
- Same or similar occupational classification: whether the new job is roughly comparable to the original I-140 position in duties, skills and responsibilities. If you choose "Not sure," the calculator will suggest an attorney review.
- New employer's job offer: whether there is a bona fide job offer and the new employer is willing to sign I-485 Supplement J.
Rules and legal basis
| Item | Rule | Basis |
|---|---|---|
| Basic conditions for changing jobs | The I-140-based I-485 has been pending for 180 days, the new position is in the same or a similar occupational classification as the original position, and the original I-140 remains valid | INA §204(j) |
| Supplement J | Used to confirm the new job offer; USCIS may require the applicant to submit it, or request it through a Request for Evidence (RFE). If the I-140 is pending, it must have been approvable when filed and remain so until the I-485 has been pending 180 days | 8 CFR 245.25; I-485 Supplement J |
| Determining "same or similar" | Overall comparison of job duties, required skills and experience, occupational classification (SOC) codes, wages and other factors | 8 CFR 245.25; USCIS Policy Manual |
| 180-day protection for the I-140 | Once the I-140 has been approved for 180 days, or the related I-485 has been pending for 180 days, the employer's withdrawal of the petition or the business closing does not automatically revoke the I-140; a withdrawal or closure before either reaches 180 days results in automatic revocation | 8 CFR 205.1(a)(3)(iii)(C), (D) |
| H-1B status is handled separately | An AC21 job change only addresses the green card application; if you hold H-1B status, the new employer must still file an H-1B petition for you, and if you meet the H-1B portability conditions you can generally start working for the new employer once the new petition is filed | INA §214(n); 8 CFR 214.2(h)(2)(i)(H) |
Note: an AC21 job change requires that the I-485 still be pending. If your priority date is not yet current and you have not filed an I-485, §204(j) does not apply; changing employers then usually requires the new employer to go through PERM and the I-140 again. If the original I-140 was approved, you can generally keep the original priority date unless the approval is revoked for fraud, willful misrepresentation, revocation or invalidation of the labor certification, or material error. See PERM labor certification and EB-2 / EB-3 employment-based immigration.
Reading the results
- Appears to meet the conditions: none of your answers raised an issue. Keep the new employer's job offer and job description, and either file Supplement J proactively or submit it promptly if USCIS issues an RFE.
- Some conditions still need to be confirmed: for example, the I-140 is still pending, it is unclear whether the occupation is similar, or the new employer has not yet confirmed it will sign Supplement J. It is best to resolve these before changing jobs.
- May not meet the conditions: for example, the I-485 has not been pending 180 days, the I-140 was denied or its approval was revoked, or the new job clearly is not in the same or a similar occupation. Changing jobs in this situation may affect the green card application.
The calculator makes only a general assessment based on your answers and cannot replace an item-by-item comparison of job descriptions. Whether a promotion, a change of industry, or a move from a technical role to management is "same or similar" often requires specific analysis.
Common questions
Do I have to file Supplement J right after changing jobs?
Not necessarily on the day you change jobs. In practice, you can file it proactively, or submit it when USCIS issues an RFE or at the interview. Either way, keep the new employer's job offer and job description, and make sure the new employer is willing to cooperate and sign. We recommend discussing the timing with an attorney.
Does a promotion or internal transfer at the same company count as a job change?
It may. If the job duties change substantially, even with the same employer, you need to consider whether the new position is in the same or a similar occupational classification as the original I-140 position. An ordinary raise usually does not matter, but a clear change in duties should be evaluated.
The new job pays much less. Does that matter?
The wage difference is one of the factors considered in deciding "same or similar," but not the only one. If the wage is clearly lower than the original position, USCIS may ask for further explanation. Ask an attorney to evaluate it together with the job duties.
My former employer withdrew the I-140 after I left. What now?
Under 8 CFR 205.1(a)(3)(iii)(C), if at the time of withdrawal the I-140 had been approved for 180 days or your I-485 had been pending for 180 days, the I-140 is not automatically revoked by the withdrawal and can still support a qualifying AC21 job change. If it was withdrawn before either reached 180 days, the I-140 is automatically revoked and the situation becomes much more complicated; consult an attorney as soon as possible.
Related reading
- PERM labor certification and EB-2 / EB-3 employment-based immigration
- Adjustment of status (I-485): eligibility, process and travel risks
- I-485 filing eligibility check
Want to change jobs while waiting for your green card, but not sure whether the new position counts as "same or similar"? Book an attorney review and we will help you compare the positions and plan the timing of your move.
Results are for reference only and are not legal advice. Laws and policies may change; rely on the latest USCIS information and an attorney's advice for your specific situation.