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Case Stories
⏳ EB-3 PERM Job Loss Before I-485 180-Day Mark - Pending (AC21 Portability Question)
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⏳ **Case Status: Pending**
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Applicant filed I-485 in February 2026 with an approved I-140 and EAD in hand, now facing potential layoff before reaching the 180-day AC21 portability threshold in August 2026. The case highlights the critical window between I-485 filing and the 180-day mark that determines job portability eligibility.
Applicant has an approved EB-3 PERM-based I-140 (irrevocable) filed approximately 1.5 years prior. I-485 was submitted in February 2026, with the 180-day AC21 portability threshold falling in August 2026. The applicant holds a valid EAD and H-1B status through 2028. A potential layoff in June 2026 would occur roughly 60 days before reaching portability. The applicant hopes to secure new employment in the September–November 2026 timeframe. The core concern is whether a gap in employment before the 180-day mark permanently jeopardizes the green card application, or whether subsequent re-employment in a same/similar role can preserve the case.
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**[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1tnkp2b/getting_laid_off_before_180_days_of_i485/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case reflects a well-known vulnerability window unique to employment-based adjustment of status. Under AC21 (INA §204(j)), I-485 portability requires continuous employment through the 180-day mark — a layoff at day 60 does not automatically kill the case, but it eliminates portability protections. USCIS adjudicators may still approve the case if re-employment in a same or similar occupational classification (based on SOC code) is secured before final adjudication, and a bona fide job offer existed at time of filing. Cases in this situation typically benefit from an attorney-drafted AC21 portability letter submitted proactively. The irrevocable I-140 is a strong asset — it cannot be revoked by the employer even after layoff. Cases where applicants bridged the gap with new same-SOC employment have generally survived adjudication, though RFEs on ability-to-pay or continued intent are common.