|Can I Transfer the Approved Form I-140 Petition to a New Employer?|
My form I-140 petition based on PERM Labor Certification sporsored by employer has been approved by USCIS. If I change job now, can I transfer the approved form I-140 petition to a new employer to apply for my Green Card with Form I-485?
An approved form I-140 petition is usually employer and job specific. An I-140 pettition typically can be used only to apply for lawful permanent residency (Green Card) with the petitioning employer. In fact, the form I-140 petition generally cannot even be used for a new position with the same employer that filed the form I-140. Such a job change likely would require the employer to file a new PERM Labor Certification and I-140 petition for the employee.
One major exception to this general rule is that the form I-140 petition approval may remain valid with a new employer if that company is a successor in interest to the original employer or petitioner.
Similarly, a new form I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21).
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