Transferring I-140 to a new employer: A guide to employment-based green card portability

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Key Takeaways:

Understand I-140 transfer when changing jobs as an H1B visa holder, retaining priority date and filing a new petition.
Employment-based green card portability allows changing jobs without affecting the green card process after 180 days.
Steps for new employer H1B and green card process: job offer, labor certification, new I-140 petition, priority date retention.

Understanding I-140 Transfer with a New Employer

If you’re on an H1B visa and considering a job change, you may have questions about transferring your I-140 petition—a crucial step toward securing an employment-based green card. Here’s what you need to know about ensuring your green card process remains intact when you change employers.

What is an I-140 Petition?

First, let’s clarify what an I-140 is. This petition is an Immigrant Petition for Alien Worker, filed by your employer with the U.S. Citizenship and Immigration Services (USCIS). It’s one of the important initial steps toward employment-based permanent residency in the U.S. When your I-140 is approved, it means that USCIS recognizes there’s a valid job offer for you and you have the right qualifications for that job.

Can You Transfer an I-140 to a New Employer?

The term “I-140 transfer” can be misleading because you don’t actually transfer the I-140. Instead, what is transferrable is the priority date—the date your I-140 was initially filed. This becomes significant when you move to a new employer because you can retain your original priority date. Your new employer, however, will need to file a new I-140 petition on your behalf.

How Does Employment-Based Green Card Portability Work?

Under the American Competitiveness in the Twenty-First Century Act (AC21), if your I-140 petition has been approved and your green card application (I-485) has been pending for more than 180 days, you can change jobs or employers without affecting your green card application. This is known as employment-based green card portability. However, your new job must be in the same or similar occupational classification as the job for which the petition was filed.

Steps for Your New Employer H1B and Green Card Process

Job Offer: Receive a bona fide job offer from the new employer.
Labor Certification: The new employer may need to obtain a Labor Certification (PERM) from the Department of Labor, confirming no qualified U.S. workers are available for your position.
New I-140 Petition: Your new employer must file a new I-140 petition for you with USCIS.
Priority Date Retention: Your new I-140 can retain the priority date of the old I-140 as long as it was not revoked for fraud or willful misrepresentation.

Things You Should Consider

When contemplating an I-140 transfer, there are important factors to weigh in:

Ensure that your new job is similar to your old one to benefit from the portability provisions.
Before your new employer files the I-140 petition, check that the priority date is current.
It’s wise to consult with an immigration attorney to navigate the complexities of the process.

Helpful Links for a Smooth Transition

Changing jobs can be both exciting and nerve-wracking, especially when navigating immigration policies. Knowing how your I-140 petition and employment-based green card portability work can give you confidence as you step into a new role with a new employer. Always keep up-to-date with the latest immigration laws and consult with a professional to ensure a smooth transition.

And there you have it! Understanding I-140 transfers and green card portability doesn’t have to be as confusing as trying to set up your grandma’s WiFi. Remember, your priority date can be maintained when you switch employers, but don’t forget to consider the job similarity and consult with an immigration attorney. If you want to explore more about visas and immigration, check out visaverge.com for a treasure trove of information. Happy job hopping, my tech-savvy friends!

FAQ’s to know:

FAQ 1: What is an I-140 Petition and its importance in the green card process?

Answer: An I-140 petition, or Immigrant Petition for Alien Worker, is filed by an employer with the USCIS as an initial step towards obtaining employment-based permanent residency in the U.S. When approved, it signifies that there is a valid job offer and the individual possesses the necessary qualifications for that job.

FAQ 2: Can you transfer an I-140 to a new employer?

Answer: No, you cannot directly transfer an I-140 petition to a new employer. However, you can retain the priority date associated with your original I-140 petition when you change employers. Your new employer will need to file a new I-140 petition on your behalf.

FAQ 3: How does employment-based green card portability work?

Answer: Employment-based green card portability, governed by the AC21 Act, allows individuals to change jobs or employers without affecting their green card application if their I-140 petition has been approved and their I-485 application has been pending for more than 180 days. The new job must be in the same or similar occupational classification as the job for which the petition was filed.

What did you learn? Answer below to know:

What is the purpose of an I-140 petition?
a) To transfer your H1B visa to a new employer
b) To obtain a job offer from a U.S. employer
c) To establish eligibility for an employment-based green card
d) To request a change in occupational classification
True or False: When changing employers, you can transfer the I-140 petition itself to the new employer.
a) True
b) False
Under what conditions can you change jobs or employers without affecting your green card application?
a) If your I-140 petition has been filed for less than 180 days
b) If your I-140 petition has been approved but your green card application is still pending
c) If your new job is in a completely different occupational classification
d) If your new employer pays a higher salary than your previous employer