[The letter should be written by the I-485 applicant for change of employer who wishes to use AC21 portability provision]
[address and phone #]
United States Department of Homeland Security
U.S. Citizenship and Immigration Services
[Insert Service Center where I-485 is pending]
Re: Change of Employer under AC21 Portability Provision
Dear Sir or Madam:
This letter is written in regards to the I-485 application for adjustment of status filed on my behalf.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided that the proposed employment is in the "same or similar" occupational classification (attached for your reference are relevant portions of AC21).
I filed an I-485 Application to Adjust Status on [Date], based on an approved I-140 filed by my former employer, [ABC Company]. I obtained my Employment Authorization Document (EAD) on [Date]. I began employment with another company, [XYZ company], as an [job title] on [date], 10 months after I filed for my I-485 application. I have since been continuously employed by XYZ company in the same field as my previous employer, [ABC company], and in a similar position. Please see attached letter from [XYZ company] that attests to the fact that my current employment is in "same or similar" occupational classification as described in the approved I-140 and Labor certification.
Enclosed for your reference is a copy of [XYZ company's] most recent annual report [or financial statements] evidencing its ability to pay the proffered wage.
In light of the above, I have lawfully changed employers pursuant to the AC21, and that my I-485 application remains valid. I respectfully request that your office continue adjudicate my I-485 Adjustment of Status Application.
If you have any questions, please do not hesitate to contact the undersigned. Thank you for your kind consideration.