Sample AC21 Portability Letter

When on a H1-B work visa, a non-immigrant worker in the US has the option of changing employers. In order to do so, he has to submit a AC 21 Portability Letter that outlines his current employment and his prospective employer.


Name: [insert name]
Address: [insert address]
Home#: [insert home phone number]
Work#: [insert work phone number]

Where to send if I-485 was filed with I-140:
USCIS
PO Box 660867
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: NFB AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067

RE: I-485 Supplement J/ Request for Job Portability (Under INA Section 204(j)
Applicant: [Insert Name ]
Receipt Number: [This receipt number is a unique 13-character identifier that USCIS provides for each application or petition it receives, and it’s used to identify and track its cases. The receipt number consists of three letters followed by 10 numbers. For example, the letters can be EAC, WAC, LIN, SRC, NBC, MSC or IOE. You can find it on notices of action USCIS has sent you.]
A-Number: [Alien Registration Number]

To Whom It May Concern:

Please be advised this correspondence is being submitted in regards to the I-485 Supplement J application for adjustment of status filed on my behalf.

On [insert date on I-485 application was filed], my I-485 application was filed based on an approved I-140 by my former employer [insert employer]. Therefore, I lawfully began employment in [insert month/year], with[insert employer], pursuant to the Employment Authorization Document (EAD) issued on my behalf in conjunction with my pending I-485 application, and I-795 form. Furthermore, I am currently employed in the same field, as well as working in a similar position as my previous employer [insert previous employer].

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21),section 204 (j) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. In [insert date], within the guidelines AC21 section 204(j), I changed employers from [insert employer]. To [insert employer], as my I-485 application has been filed and unadjudicated beyond the 180-day period required by law.

Considering the above circumstances, I attest that I have lawfully changed employers in accordance to AC21 section 204(j) statute, and that my I-485 application remains valid I respectfully request that your office adjudicate my I-485 application accordingly under AC21 provisions. Enclosed please find my the following supporting documents:

  1. Completed and executed Supplement J Form.
  2. Copy of Form I-797, Notice of Action, establishing the receipt of my Form I-485 under INA section 245, that shows my Form I-485 has been pending beyond 180 days.
  3. Any additional documents that show I have a filed Form I-485 pending for 180 days or more.
  4. Copy of Form I-797 that shows I am the principal beneficiary of an approved or still pending Form I-140.
  5. Copy of Form I-94, Arrival/Departure Record
  6. Copy of Passport
  7. Copy of Current H1B Visa
  8. Copy of Social Security Card
  9. Copy of degrees and diplomas
  10. Copy of employment offer letter
  11. 2-3 most recent pay stubsAny additional documents that show I am the principal beneficiary of an approved or still pending Form I-140.

Should you have any further questions, please do not hesitate to contact me at [insert address].

Sincerely,

[Signature]
[Insert name]

The sample documents provided here are for informational purposes only and to be utilized at the user’s discretion. These act as a guide only and the content within these are to be customized as per requirement. While Lawbench covers general guidelines, it does not guarantee access to visas or ensure entry into the United States of America or assure any other form of privileges. Lawbench and its affiliates are not responsible for any losses or damages that may arise from having used these sample documents.