Is it possible to “port” the I-140 priority date between employers?

When discussing immigration procedures for the United States, it is common to have questions about the portability of the I-140 priority date between employers, especially in contexts related to visas such as the H-1B. The priority date is an important date that marks the start of the process for obtaining a green card under certain employment categories, and having an “older” date can accelerate access to permanent residency.

In general terms, it is indeed possible to transfer or “port” the priority date from an approved I-140 to a new petition from a prospective employer. However, to effectively utilize this benefit, there are some requirements and precautions that must be observed. Usually, the new employer will need to initiate a process similar to the previous one, submitting a new I-140 form and, when applicable, a new labor certification (PERM).

However, by doing so, the beneficiary can request to maintain the priority date of the previously approved petition, which can be advantageous for the continuity of the immigration process. It is important to emphasize that transferring the priority date is only possible if the original petition is approved and has not been definitively revoked, or if the job title is considered compatible with the new offer.

It is worth remembering that even though there is the possibility to port the priority date, each case is analyzed according to its particularities. Rules such as those in Section AC21, for example, may offer specific guidance, especially if the beneficiary has already started some stage of adjustment of status.

Given the complexity that often involves these processes, it is essential to follow all United States immigration laws and seek specialized guidance whenever necessary. Companies providing this type of service and professionals experienced in the field can help avoid pitfalls and information expirations, ensuring a safer path.

Even though various sources make promises of miraculous results, caution is indispensable to avoid marketing campaigns that guarantee approvals without a detailed legal evaluation. If you have questions or need a more detailed analysis of your case, it is always advisable to consult professionals specialized in immigration. In this way, you not only protect your rights but also ensure that all procedures are being followed according to established rules, preserving the integrity of your process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.