Grzeca Law Group s.c. - Immigration Lawyer
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Corporate Immigration:Permanent Visas:Green Card Processing Options:I-485 Portability

I-485 Portability

An applicant for permanent residence based on employment is permitted to change jobs and "port," or transfer, their application from one employer to another when the following requirements are met:

  • The new job is in the same or similar occupational classification as the job for which the petition was filed;
  • The Immigrant Petition for Alien Worker (Form I-140) filed by the original employer has been approved; and,
  • The Application to Register Permanent Residence or Adjust Status (I-485) has been filed and remained unadjudicated for 180 days or more at the time the change of jobs occurs.

In addition, if a new employee has maintained his or her valid H-1B classification the new employer should consider "porting" their nonimmigrant classification to the company as extra assurance that the employee maintains his or her underlying nonimmigrant status and can continue to work with the company at all times. If the I-485 "port" petition is denied for any reason, the employee could find themselves without work authorization, which would result in their being taken off payroll until the issue can be resolved. Therefore, it is wise to investigate whether a new employee has a valid H-1B that can be ported to a company.

Grzeca Law Group has vast experience guiding companies and their new employees through the portability process in an effort to preserve this valuable immigration benefit.

Permanent Residence FAQs

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