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?

A pending I-485 adjustment of status application does not automatically qualify for AC21 portability if the applicant leaves the sponsoring employer too early. The I-485 must have been pending for at least 180 days, and the underlying I-140 petition must remain approved through that point.

AC21 portability requires, in part, that:

• The I-485 application has been pending for at least 180 days
• The I-140 petition remained approved through the 180-day mark

If the sponsoring employer withdraws the I-140 before the I-485 has been pending for 180 days, the requirements for AC21 portability are not met.

This means an applicant who leaves the sponsoring employer before the I-485 reaches 180 days may lose the ability to rely on AC21 portability if the employer withdraws the approved I-140 before that 180-day threshold.

Source article: www.murthy.com