The American Competitiveness in the 21st Century Act (AC21) permits new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;
- Form I-140 has been approved, or is approvable when filed concurrently with I-485;
- Form I-485 has been pending for at least 180 days.
- The new job does not have to be in the same geographic location
- The new job does not have to pay the same or a higher salary
- A new labor certification is not required.
The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of
I-485 application, as indicated in a I-797 receipt notice.
Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her
I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:
- I-140 petition is withdrawn by prior employer before applicant's Form I-485 is pending for less than 180 days with USCIS; or
- Original employer's I-140 petition is denied by the USCIS at any time; or
- Your approved I-140 is revoked at any time,
- Employee fails to prove that a bona fide employment relationship existed at the time of filing.