change of employer with approved i-140, time for AC-21 portability post i-485

nj snehshree

New Member
Namaskar Rajiv ji!

asking the Qs in forum as yo suggested on Linkedin...

1. my i-140 approved for almost 2 years now and EB-3 India priority dates are far behind, meantime if I change job, new PERM + i-140 needed from new employer as you confirmed. Is it same if you change position/role in same company or get promoted in same role/job description for which PERM/i-140 was approved?

2. How long will H1-B for this new job be valid, if I'm in 5th year of my initial 6yr H-1B period already? will it be new full 3 years as usual, based on previous job's i-140 approval over 180 days? and in that new H-1B time, does new employer have to get new i-140 approved so they can keep extending transferred H-1B further?

3. what happens if dates happen to become current when new job's PERM is in process and new i-140 is not approved yet. Can one file for i-485, once date is current based on old approved i-140 already? Or one has to wait until new i-140 is approved with old/retained priority date and only then try luck to file i-485 hoping date does not retrogress?

4. also independently if I stay in same job with current approved i-140, and dates become current to file i-485. After the i-485 filing, must one wait 180days from that time, to get AC21 portability with supp.J if employer changed? Or right after i-485 filing is OK, since i-140 was already approved 2+ yrs. back?

Thanks a lot again for your help!

nj snehshree

New Member
Hello Rajiv ji,

could please let me know to my above Qs. or will ou be covering this as your Thursday call? Please inform so I make sure to attend.