H-1B Priority Date Transfer with New Employer

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Note: The Law Offices of Larry L. Doan in Los Angeles, CA, provides the following blog article and other information on this site, including our responses to comments, for the purpose of legal information only; it is NOT legal advice nor does it create an attorney-client relationship.

[The following paid consultation question is taken from the Guru’s past client files.]

Dear GuruImmigration,

My current employer has filed my green card under EB3 category…i recently got I-140 approval a month back and I have NOT filed my I-485 as I am still waiting on my priority date to be current….

Now the question I have is: If I change my employer, can I use this priority date with my future employer?

If yes

can I use this priority date with my future employer for EB2 category as I already have more than 5 years of experience?

I am software professional and I have will remain in same industry even though I change the employer.

sincerely appreciate your response..

Answer:

This is an interesting question. The same I-140 can be used, or “ported,” when you change employer as long as the I-485 has been pending for 180 days or more, and the new job is in the same or similar occupational classification as the job in the I-140 petition. So, after you are allowed to file the I-485 (when priority date is current) and it has been pending for 180 days or more, then the same I-140 can be used with the same priority date. However, USCIS may view the attempt to upgrade the same job position from EB-3 in the I-140 to EB-2 as not being the same or similar classification (EB-2 requires Master’s degree or number of years equivalent). That is, an entry level position in a particular field may or may not be considered similar occupational classification as a supervisory-level position in the same field. It really depends on analyzing the described job duties of the two positions before a more informed opinion could be given.

Best,

Larry L. Doan, Esq.

GuruImmigration

Copyright © 2014 Law Offices of Larry L. Doan

Any action you take or rely upon after reading the information on this blog is your own responsibility and the Law Offices of Larry L. Doan bears no responsibility or connection to such action. For an analysis of your detailed and specific questions related to your individual immigration situation or problem, there is no substitute for a “live” meeting with an attorney. This can only be done during a paid consultation between the Law Offices of Larry L. Doan and you.  To get started with a consultation, please contact us: paidconsult@guruimmigration.com.

 

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3 Responses to “H-1B Priority Date Transfer with New Employer”

  1. Comments or questions related to the blog post you’ve just read can be left in the “Leave a Reply” box below. HOWEVER: All comments or questions regarding your or family member’s immigration situation and seeking info or advice on what to do next will be ignored unless you contact us for a paid consultation here: paidconsult@guruimmigration.com. By doing so, please expect a quote for the price of the consultation with the Guru, Attorney Doan.

    We must implement this policy due to the volume of inquiries and emails received from this blog. We can only respond in the comments section below to general questions that seek clarification of a point made in the blog post above in a general way.

    Like

  2. Hi Guru, great post! I just want to confirm that what if my I-485 has already been filed but it’s been less than 180 days, can I still port now if I have a change of employer?

    Kumar

    Like

    • No, unfortunately you still have to wait 180 days before eligible for porting. Perhaps you could have the new employer delay the job so the new petition can be filed after 180 days of the I-485 pending.

      Best,

      Larry L. Doan, Esq.
      GuruImmigration

      Like

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