Q&A

Can I-140 Be Ported?

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Can I-140 Be Ported?

As the beneficiary of an I-140 petition, you may request to change jobs or employers under INA 204(j), which is commonly known as “porting,” if you: Are the beneficiary of a pending or approved Form I-140; If your Form I-140 is pending, it must have been valid when filed.

Can you change your green card preference after I-140?

Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card.

What happens if I-140 petition is not approved?

In cases where the labor certification has not yet been pending for one year and there is no approved I-140 petition, the employee is not eligible for H-1B status beyond the six year maximum period of stay. Unfortunately, employees who change employers during the labor certification process are not eligible to retain any benefits of the process.

How long does an I-140 stay valid after approval?

The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few important provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. More specifically, it permits an approved I-140 to stay valid as long as:

When does USCIS revoke an I-140 withdrawal request?

If the withdrawal request came within 180 days of the I-140 petition approval, then USCIS will revoke the approved I-140 petition. But if the stipulated 180 days have already passed, USCIS will not revoke the approved I-140 petition on account of the petitioner’s notice alone.

Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card.

Is the I-140 only for employment based green cards?

While the I-140 is exclusively for employment-based green cards, that doesn’t mean that all of these green cards make use of it. Here are the immigrant visas that use the I-140: Other employment-based green cards like the EB-4 and EB-5 use separate petition forms and so are not relevant to this post.

The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few important provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. More specifically, it permits an approved I-140 to stay valid as long as:

How long does it take USCIS to process an I-140 petition?

If your priority date will not be current for several years, the USCIS might not begin to process your petition until the final action date gets closer to your priority date, which could add those years to your I-140 processing time.

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Can I-140 be ported?

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Can I-140 be ported?

Job Portability under INA 204(j) As the beneficiary of an I-140 petition, you may request to change jobs or employers under INA 204(j), which is commonly known as “porting,” if you: Are the beneficiary of a pending or approved Form I-140; If your Form I-140 is pending, it must have been valid when filed.

When to apply for port on Form I-140?

An alien beneficiary of a pending or approved Form I-140 petition whose application for adjustment of status (Form I-485) has been filed and remains un-adjudicated for 180 days or more and who seeks to change jobs to a new job that is the same or similar occupational classification may submit a request to “port“ under AC21.

What should be included in an I-140 petition?

The I-140 petition for Outstanding Professor or Researcher should include the follow documents: The petition should identify which of the six regulatory criteria the alien is attempting to satisfy and the relevant evidence for each individual criterion.

When is an AO / component required to follow the DoD PPSM CCB?

If the AO/Component cannot meet the standard set by the DoD PPSM CCB, then the AO/Component is required to follow the Exception Management Process to address non-compliance with PPSM standard. Question: I am using a data service that is being blocked because it is not on the CAL.

Do you need a high side terminal for PPSM?

Answer: PPSM is aware that not everyone has the high-side terminal at his or her desk for registering. PPSM does not want registrants to have to drive or walk just to register low-side systems. Registrants should to be able to keep their registrations up to date easily, and even from tele-work if possible.

When do I-140 petitions become portable for new employment?

Consistent with prior policy, the beneficiary of a pending I-140 will be able to port to new employment after his or her adjustment of status application has been pending for 180 days or more, as long as the pending I-140 petition was approvable when filed and remained approvable for 180 days after the filing of the adjustment application.

Do you need a new perm and PWD to Port i140?

Your approved i140 from employer A can be used to extend or transfer H1B to employer B, C, or Z any number of times. You will need a new PERM and i140 only at the time of filing i485 adjustment of status for a green card. Do I need a new PERM and PWD to port i140 date to new employer?

How many times can I use the withdrawn i140?

Your i140 stays valid if it has not been withdrawn by the employer within 180 days after its approval. You can use the withdrawn i140 as many times as you want to extend or transfer your H1B.

When do I need to file an i140 adjustment of status?

You can keep using the approved i140 from the old employer until your Green card priority date is current. This means that you will need a new i140 for a new employer to file an i485 adjustment of status. The good news is that i140 and i485 can be filed concurrently once your green card priority date is current.