I have a pending employment-based Form I-485 application based on a job offer from one employer. I understand that I may be able to transfer the underlying basis of the I-485 to either a different employment-based category or a new employer based on another approved Form I-140 petition. Does my priority date need to be current to make this request?

Answer

Yes. In order to transfer the underlying basis of a pending Form I-485 application, the priority date generally must be current for your country of chargeability under the Final Action Dates chart in the U.S. Department of State Visa Bulletin for the category associated with the new Form I-140 petition. (19.May.2026)

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