Once the priority date is current, can I file an I-485 based on the I-140 approved through my previous employer? My job duties are the same.


No, the I-485 must be based on a valid job offer from the PERM / I-140 sponsor. It cannot be filed based on a new employer’s job offer, even for a same / similar job. The same / similar job concept is related to AC21 portability and comes into play AFTER the I-485 has been filed and pending for 180 days. (05.Jan.2015)

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