How To Transfer a Green Card to Another Employer

Under the American Competitiveness in the Twenty-First Century Act (AC21), some H-1B professionals can transfer their employment-sponsored green card from their original employer to another without giving up their “place in line.” A key provision of AC21 makes H-1B visas and Form I-140s portable, allowing some foreign workers to change employers without losing their place in the green card line. Your green card priority date is your place in line for an immigrant visa, so you can use it to obtain a green card.

I-140 Portability and Transfer a Green Card

Under AC21, I-140 portability has rules and conditions to transfer a green card from the original employer to another employer:

• The I-485 (Application to Register Permanent Status or Adjust Status) must have been pending with U.S. Citizenship and Immigration Services (USCIS) for at least 180 days since filing.
• Form I-140 has been approved or is approvable when filed concurrently with Form I-485,
• The new job must be in the “same or similar” field as the job for which the original green card application was filed.

Contact A Cook and DuPage County Business Immigration Lawyer

A business immigration lawyer works with employers. We can help when you want to hire skilled foreign workers and foreign nationals who wish to come to the United States to work temporarily or permanently. Contact Godoy Law Office at 630-912-0322. Godoy Law Office serves the entire Chicago, Illinois area, including DuPage, Cook, Kane, Will and Lake Counties.

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