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Case Stories
⏳ EB-3 ROW PERM AC21 Portability - Job Relocation Seattle to NYC PD Nov 2025
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⏳ **Case Status: Pending**
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An ROW national with an EB-3 PERM filed for a Seattle position (PD Nov 2025) is being transferred to NYC before PERM approval. The applicant is weighing whether to file I-485 upon PERM/I-140 approval and then port to the NYC role via AC21 after 180 days, rather than restarting the PERM process.
An ROW national's employer filed EB-3 PERM for a Seattle-based position with a Priority Date of November 2025. Before PERM approval (estimated October 2026 based on current processing rates), the employee is being transferred to a similar role in New York City starting May 2026. The core dilemma: file I-485 concurrently with I-140 upon PERM approval using the Date of Filing chart (currently current for EB-3 ROW), then rely on AC21 portability after 180 days to port to the NYC role — or restart the PERM process from scratch with the NYC job, losing the Nov 2025 priority date. The risk with the AC21 strategy is that USCIS could adjudicate the I-485 before the 180-day AC21 window closes, potentially flagging the location/job change.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1tkc3tv/restarting_perm_or_gamble_with_ac21/)**
*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.*
AC21 portability (INA 204(j)) allows I-485 applicants to change employers or job locations after 180 days if the new role is in the 'same or similar occupational classification.' The key risk here is USCIS adjudicating the I-485 before 180 days elapse — statistically unlikely given current backlogs, but not impossible. Restarting PERM means losing the Nov 2025 priority date entirely; for ROW EB-3, which is currently current under the Date of Filing chart, this may not be catastrophic, but any future retrogression could matter. Cases that have successfully used AC21 for intra-company transfers to similar roles in different locations generally fare well, as USCIS focuses on the SOC code match rather than geography. Consulting an immigration attorney before filing is strongly advised given the timing sensitivity.