Immigration Attorney
Services & Fees

June 25, 2004

Adjustment Portability Before I-140 Approval

Notwithstanding the August 4, 2003, memorandum from Mr. Yates, it remains unclear whether an adjustment applicant may accept new employment if his or her adjustment of status application has been pending for over 180 days, but the underlying I-140 has not yet been approved.

The memo suggests that the I-140 must be approved before an adjustment applicant may port to another employer, but Mr. Yates indicated at the June 2004 AILA conference that this remains an open and unresolved issue.