180 Day Portability with I-140 amendment

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Hey guys,

My previous employer A had filed for I-140 (EB2) and got it approved. My current employer B also started the process again after I left A and the I-140 (EB2) got approved again as well. Recently, we filed to amend the existing I-140 to EB3 so that we could concurrently file I-485/I-765, which we did in the last week of November. USCIS shows a received date of Nov 28th for the I-765 and a fingerprint fee was received date of Feb 19th for the I-485 even though both were sent simultaneously.

Now, I'm looking to change jobs and so wanted to be sure how to interpret the 180 day portability rule. If it begins from Nov 28 or Feb 19? Also, given I amended the I-140, it doesn't mean that I have to wait for the EB3 amendment to complete before changing jobs right?


Edited by fidel
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The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for adjustment of status has been pending over 180 days.

Before approving the application for adjustment of status, the USCIS will request a letter from the new employer to verify that an offer of permanent employment exists. The letter must contain a description of the job as well as the salary. The USCIS will use this letter to determine whether the job meets the same or similar occupation requirement.


It's a 180 day rule applies from the day your application reached USCIS that in from 28th Nov 2020. If you change the job before the 180 days are complete then I guess your whole 485 is void. I may be not so correct here but that's what people have been saying.

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