Approved I-140 over a year, let go from job, what new job to get for Portability


Tessie

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I have an approved I-140 for over a year but was let go from my company. What are the limitations for me to port my I-140? Do I need to stay in the same city/state and get the same job title or similar? Do I need to get the same salary too? I was a Sr. Platform Developer.

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Since your I-140 is past 6 months from the approval...it cannot be revoked by your previous employer. This is per the new rule made in 2016.

You can use this I-140 and get an H1 extension with your next employer and you can keep getting extensions without having to start your green card process again.

Your current approved I-140 is tied with your previous employer. It's valid only if you are employed by that employer. So, you will have to restart your GC process from the beginning with the new employer. The only thing you get to keep is the priority date from the old process.

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