I have a pending employment-based Form I-485 application based on a job offer from one employer. I understand that I may be able to transfer the underlying basis of the I-485 to either a different employment-based category or a new employer based on another approved Form I-140 petition. Does my priority date need to be current to make this request?

A pending employment‑based Form I‑485 can be transferred to a different EB category or to a new employer only if the applicant’s priority date is current.

• The priority date must be current for the applicant’s country of chargeability under the “Final Action Dates” chart of the U.S. Department of State Visa Bulletin.
• The relevant chart is the one that applies to the category of the new Form I‑140 petition that will serve as the basis for the transfer.

In practice, before filing an I‑485 amendment or “portability” request, the applicant should:

1. Identify the priority date from the original I‑140.
2. Determine the employment‑based category of the new I‑140 (e.g., EB‑2, EB‑3).
3. Check the latest Visa Bulletin to confirm that the priority date is listed as current in the Final Action Dates for that category and country.

If the priority date is not current, the transfer cannot be made until it becomes current.

Sheela Murthy and senior attorneys at Murthy Law Firm provide further guidance on this issue.

• For free online services, see the firm’s online services page.
• Additional FAQs are available here.

Source article: www.murthy.com