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Listserv Q&A for
"Paparelli on Cutting-Edge Issues in Business Immigration Practice"

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Question:

Our question is in regards to Portability. After 180 days of filing the I-485 a person may change jobs if the new job is the same or similar to the original position. One of the speakers(don't remember which) indicated that the "same or similar" position must be in the same geographic area as indicated on the Labor Certification. Can you clarify and explain a bit further?

Answer by Angelo Paparelli:

If the requirement for a position is met (the job is in the same or similar occupational classification as the originally sponsored job), then under Adjustment portability there is no express requirement in the statute that the new job be in the same geographic area. There has been no suggestion otherwise from the INS or the Labor Department. Hence, the person may change geographic areas as long as the new job is in the same or similar occupational classification as the originally sponsored job.


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