In August of 2007, our client secured an approved I-140 and filed for permanent residency for herself and her husband. Her visa category subsequently retrogressed. In January of 2011, our client ported companies under the AC21 portability provisions. One month later, the Texas Service Center erroneously issued denials of our client and her spouse’s applications for permanent residency on the basis that the original I-140 had been recently withdrawn, despite AC21 preventing the withdrawal. Attorney Furqan argued on appeal that an adjustment of status application (I-485) based on a petition (EB-1 to EB-3) that is pending more than 180 days “shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.” INA §204(j). AC21 §106(c); AFM at 202(c). Our client satisfied the AC21 guidelines and was the beneficiary of an I-140 petition which had been approved and her I-485 was pending for well over 180 days, due to lack of visa availability. The Administrative Appeals Office agreed with the arguments Attorney Furqan made and granted the appeal, and on October 18, 2011, USCIS issued our client’s their permanent residency cards.
