I filed my I-485 application and left my sponsoring employer before it had been pending for 180 days. What happens if my employer withdraws the underlying I-140 petition before then? Can I still use AC21 portability?

Answer

AC21 portability, in part, requires that the I-485 application must have been pending for at least 180 days, and the I-140 petition remained approved through that point. If the employer withdraws the I-140 before the I-485 has been pending for 180 days, then the requirements for AC21 portability are not met. (08.Jul.2026)

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