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MikeGonthier

Question on Porting I-140 from one employer to another

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Hi All,

I am on H1B visa (I-140 approved on Feb 2016) and planning to change my job. As per my next employer, green card filing from the beginning (perm filing etc.) is not required for me because I have approved I-140 copy and a new law has been introduced last year. They can file I-485 whenever my priority date is current and my I-140 is ported to new employer. Need your help to make sure it is correct. Also, it would be great if you can provide any USCIS url for reference. Thanks in advance! 

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New law?

I have not heard of it. If you have already applied I-485 for more than 180 days, it is different case and you are eligible for EAD. You would need to apply for that. Otherwise from my knowledge, when you change employer after I-140 is approved, you will have to start procedure from scratch. You have advantage of extending H1b beyond six years but that's about it.

Remember that have I-140 approved is big plus for company as then their employee remains working till priority date becomes current. As you know, this can take more than 10 years in some cases.

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