Is I-485 porting still an option?

Hi,

My I-485/I-140(downgrade)/I-765/I-131 is still in pending state. I lost my job this year and my I-485 was pending only for 150 days on the day of termination date. I got a new job recently. Wanted to know if porting is still an option.

As I understand, I140 downgrade has to be approved for porting. Say if that is approved, will I be able to port my application with 150 days on I-485?

Also, can I start fresh green card process with new employer and switch to porting of existing I485 application once downgrade is approved?

Trying to see what are my best options as dates are moving forward quickly.

My PD is : 07 March 2014 EB2

Thanks in advance!

You should ask your ex-employer is they will keep processing your green card application?

If they withdraw I-140 then you lose all others associated applications like EAD/AP/AOS.

You can request your ex-employer to keep processing your GC and offer to pay for premium processing for I-140 if not already done. If your ex-employer agrees and if I-140 is approved & I-485 is pending for more than 180 days, you may be able to have your new employer submit I485J (subject to certain requirements) so you don’t have to go through the GC process from scratch.

Thanks Kalpesh for the quick response. They are not going to process the application any further but on the other end they are not going to revoke any application. So If there is a RFE on my 140 downgrade they will not respond. Not sure what chances I have for porting if 140 gets approved.

My Receipt date was 30 October 2020 and my termination date was 30 March 2021.
Start date at new company was 24 May 2021. Gave my biometrics 2 weeks back.

If your I-140 downgrade gets approved, your new employer may submit I-485J as your I-485 will already be pending for more than 180 days.

Thanks again! Will update this post once things progress. Meanwhile I’m planning to start my PERM process with the new company in parallel.

Below excerpts from USCIS on the job portability guidance.

Job Portability under INA 204(j)

As the beneficiary of an I-140 petition, you may request to change jobs or employers under INA 204(j), which is commonly known as “porting,” if you:

  • Are the beneficiary of a pending or approved Form I-140;
    • If your Form I-140 is pending, it must have been valid when filed. This means that at the time the Form I-140 was filed, you must have been eligible for the employment-based visa classification and had a valid job offer;
  • Filed a Form I-485, Application to Register Permanent Residence or Adjust Status, and it has been pending for 180 days or more; and
  • Seek to change jobs to a new job that is in the same or similar occupational classification.

If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve the Form I-140 before we may approve your portability request.

Just request for PP for I-140 downgrade to your ex-employer and offer to pay for it.