AOS Portability: Changing Underlying Basis of I-485 Application

A user on Reddit's r/greencard community raises an important question about the flexibility of Adjustment of Status (AOS) portability under AC21 provisions. The scenario involves having two approved I-140 petitions — one under EB-2 and one under EB-3 — both from a previous employer (Employer A), with a pending I-485 that was initially filed under EB-3 and later interfiled to EB-2. After switching jobs to Employer B, the applicant used the EB-3 I-140 from Employer A to port their I-485 via Supplement J. Now, with EB-2 priority dates potentially becoming current, the applicant wants to know if they can file another Supplement J using the EB-2 I-140 from Employer A — effectively switching the underlying basis back to EB-2 — without needing a new I-140 from Employer B. This question touches on a nuanced area of immigration law involving AC21 portability, interfiling, and the use of previously approved I-140s. USCIS policy generally allows portability to a same or similar occupation, and multiple Supplement J filings are not explicitly prohibited, but outcomes can vary by adjudicating officer and case specifics. For EB-3 applicants navigating retrogression and priority date movement, understanding these portability strategies can be critical to optimizing their path to a green card. Consulting with an experienced immigration attorney is strongly recommended before attempting to change the underlying basis of a pending I-485.