Under the current rules or the newly proposed rules, is there a way to port my approved I-140 to a different employer?

Answer

No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card with the petitioning employer. The priority date, however, can be used for any other EB3 or EB2 case filed for the same beneficiary. (09.May.2016)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

 

Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.