After I-140 Approval, Change Employer with lower role, want to retain perm date

Hi Anil,

I have a question regarding PERM Date retain. I am currently employed with India Based Service company A and have approved I-140 with SOC Code 15-1132. Now I am joining a USA based employer B but the role and job title currently they offered is a one level lower then I am playing in service based company. Both the jobs are in Software only. Current job is in India based IT service company and future employer is IT department of USA based Consumer goods company.

Will that affect my PERM retain date or any impact if job level is lower and title is different than mentioned in current approved I-140. I know I have to refile the PERM and I-140 again with the new employer.

What is the solution for this : Should I ask the future employer to file the new Perm and I-140 with the same SOC code which my current employer used? or Future employer can file with any applicable SOC code and will still be able to retain the PERM date.

You should be able to port your i140 date as long as the new job is in same of similar occupation.

I don’t think there is any need to worry for your case based on the information you have shared.

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Thanks Anil. You are awesome.

Hi Anil,
My I 140 approved from company A in DEC-2018, Now in April-2021 I moved to company B.
Company B said they are going to start PERM after one Year with porting date from my current I-140. My question is, what if dates become current, Do we need to Must file 485J within ONE YEAR of dates become current? OR can we file at any time once the dates become current? I mean after 2 years OR 3 years once the dates become current, if I don’t file with in one Year once the dates became current, is my I 140 is going to be invalid ? can’t i use it for H1B extensions.?

There is a 1 year filing rule which should be used to file your i485 within 1 year of year becoming and remaining current in ‘Final action’ date chart.

If you do not file it, then you are only eligible for H1B extensions for a restricted term of 1 year at a time.

@anil_am22

On the same lines - Currently in India, I am planning to move back to US with my new employer (H1 transfer) based on my previous approved 1-140. If I understand this correctly, during the H1 transfer this I-140’s “same or similar occupation” does NOT apply. Regardless of my new role/new occupation, I can get my H1 transferred.

“Same or similar occupation” scenario will come into picture only when my new employer is trying port my Priority Date from my old I-140 to the new one - correct?

And let’s say if we are not able to prove “same or similar occupation” since my role may change compared to my last role. In that case, old PD will not be considered and current date will be considered as my PD - correct?

Hi Anil, @anil_am22

I have an unusual condition. I am working for a bodyshop right now and they have filed for my I-140 and H1B extension. I want to leave this company after the mandatory 180 days are over, but my employer senses that and is not giving me the I-140 approval notice.

My question is can I do a H-1 transfer without my I-140? Also how will the I-140 transfer process look like with the new employer?

On the side note, is it against the law to not give me my I-140 document? If so, what is the process to file a complaint?

Get i140 copy using FOIA request. Its free and you will need it to port your GC date.