Job Portability

[Immg]

Hi,

An unemployed GC-EAD (for example 5 to 6 years) principal applicant can be eligible to port/switch job to new employer?. 

Can anybody throw some light on this situation. Appreciated any suggestions if anybody have any information on this situation.

Thanks,

Immg.

[pontevecchio]

Once your AOS is pending 180 days plus, you can change jobs in the same or similar field. You should consult a lawyer under the circumstances.

[Attorney_15]

AC21 Green Card portability is available when the I-140 is approved and the I-485 is pending for at least 180 days and the I-485 applicant takes a new job in the same or similar occupational classification as the original job offered.

If, however, the I-485 applicant's I-140 petition is still pending (and not approved) then there may be an option to still use AC21 Green Card portability but there are significant risks of failure because the I-140 petition must eventually be approved. And in such a situation it is especially important to consult with an attorney sooner rather than latter,