I am on eb2 india june 2015 priority date.
I got i140 approved with employer A.
I moved to employer B. Who did the perm and got my i140 approved with the same pd as employer A.
I got laid off by employer B.
I was able to find another employer C before 60 day grace period ending.
Employer C hasnt started the perm or i140.
If my pd becomes current in the next few months. Can employer C file a i-485j with job offer letter similar to i140 application or will employer C needs to restart perm and i140 all over again.
Employer C job role And employer A job role are similar.
Employer C will need to file their own PERM and i140.
Why does uscis mention by paragraph 2 below on job portability
I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
Use Supplement J to:
Confirm that the job offered to you in Form I-140, Petition for Alien Worker, remains a bona fide job offer that you intend to accept once we approve your Form I 485, Application to Register Permanent Residence or Adjust Status. Beginning Jan. 17, 2017, if you are filing or have previously filed Form I-485 based on being the beneficiary of a valid Form I-140 in an employment-based immigrant visa category that requires a job offer, you will need to file Supplement J instead of submitting a job offer letter; or
Request job portability under INA section 204(j) to a new, full-time, permanent job offer that you intend to accept once we approve your Form I-485. This new job offer must be in the same or a similar occupational classification as the job offered to you in the Form I-140 that is the basis of your Form I-485. (For more information about how we determine which jobs are same or similar, please see USCIS Policy Manual [7 USCIS-PM E.5].
The first line item applies to same employer who filed your I-140 and filing I-485 later on ( no concurrent filing) when your PD gets current. In this case the employer has to file I-485J suppliment along with I-485 to cobfirm the PERM job is still available at the time of filing I-485/AOS.
The 2nd line item applies when the beneficiary change employer after the I-485 is filed and is pending for more than 180 days. It remains approvable if the new employer can file I-485J to prove they offer the same job as in the original I-140, they have ability to pay and that the jobbis same or similar in nature as mentioned in the PERM/I-140.
I came across this video.
Starting at 9:15… the immigration lawyer gives three options. Could u clarify. It looks like he is saying that i can self port i485 using old employers i140and jave the new employer provide a 485j and an offer letter.
True that USCIS has been asking people to submit their EB2 I-140 approved by their ex-employer to change the underlying basis ( because EB2 is moving forward than EB3) however in this case they already have PERM & I-140 approved from their current employer in EB3. Note that this is nowhere mentioned in USCIS policy manual but they are doing this as an exception as USCIS is under immense pressure to use all the spillover visas available for this year.
So in a nutshell you still need an approved I-140 from your current employer to file I-485 unless your ex-employer is willing to file I-485 & I-485J and offer the PERM job.
Consult your employer’s immigration lawyer to clarify your doubts.