Priority Date Porting: How to Carry Your Place in Line to a New Employer's I-140
Your approved I-140 keeps your place in the green card line when you change jobs, but only once your new employer finishes its own PERM and files a new I-140.
Part of our guide to Form I-140.
Priority date porting is how you keep your place in the green card line when you change employers before an I-485 is filed. Under 8 CFR 204.5(e), in effect and unchanged as of November 1, 2026, an approved EB-1, EB-2 or EB-3 I-140 gives you its date for any later petition you qualify for, unless the approval is revoked for fraud or willful misrepresentation, a revoked or invalidated labor certification, or material error. In practice, your new employer runs its own prevailing wage request, recruitment and PERM, files a new Form I-140, and asks USCIS to apply the date from your old approved I-140.
What you lose is time, not the date: the new case starts again from the prevailing wage step.
Status as of November 1, 2026
- Priority date retention (8 CFR 204.5(e)): in effect, unchanged.
- PERM rules: unchanged. DOL's NPRM titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29) cleared White House review on 2026-10-23 but is not published, and no comment period is open; 20 CFR 656.17 still governs recruitment (OIRA completed-review list).
- PERM suspension of eight employers: in effect as announced on 2026-10-08 (Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini), with no published written notice and no end date. It is not an H-1B suspension.
- Visa Bulletin: the November 2026 bulletin is published, and USCIS requires the Dates for Filing chart for employment-based I-485s this month; consular cases always use Final Action Dates. The December bulletin is not out.
How priority date porting works
Priority date porting does not move your old case. Your new employer files its own PERM and I-140, with a statement requesting your earlier priority date and a copy of the old I-797 approval notice. Once approved, the new I-140 carries your original date, unless the old approval was revoked for fraud, labor certification problems or material error.
USCIS puts the employer-change point in one sentence:
"Retention of the earlier priority date includes cases where a change of petitioner has occurred; however, the new petitioner must obtain a new permanent labor certification if the classification requested requires a permanent labor certification." (USCIS Policy Manual, Vol. 6, Part E, Ch. 8)
The regulation adds that an approved petition "accords the alien the priority date of the approved petition for any subsequently filed petition" in EB-1, EB-2 or EB-3 for which you qualify, and that with several approved petitions you are "entitled to the earliest priority date."
Common misconception: "My I-140 transfers to the new company, the way my H-1B did." Correction: nothing transfers. The new employer builds a new case from the prevailing wage step up, and the old approval only lends its date. The job offer behind the old I-140 ends when you leave.
Can I keep my priority date if I change jobs?
Yes, if the old I-140 was approved and the approval was never revoked on one of the four grounds in 8 CFR 204.5(e)(2): fraud or willful misrepresentation, DOL revoking the labor certification, USCIS or the State Department invalidating it, or material error. Resigning, a withdrawal or the employer's closing is not one of them.
| Item | Moves to the new employer? | Rule |
|---|---|---|
| Your priority date | Yes, once a new I-140 is approved with the earlier date requested | 8 CFR 204.5(e)(1) |
| The old PERM and job offer | No; the new employer needs its own labor certification | USCIS Policy Manual Vol. 6, Part E, Ch. 8 |
| The old I-140 as the basis for an I-485 | No, unless you already have an I-485 pending 180+ days and port under INA 204(j) | 8 CFR 205.1(a)(3)(iii)(C) |
| H-1B time past six years based on the old I-140 | Yes, in per-country-limited cases, while the old I-140 stays approved | 8 CFR 214.2(h)(13)(iii)(E)(4) |
| Your EB category | Not locked; the new I-140 can be EB-1, EB-2 or EB-3 if you qualify | 8 CFR 204.5(e)(1) |
Caption: rules as of 2026-11.
If you are still deciding whether to move at all, our guide to switching employers vs staying put during a green card case walks the trade-off stage by stage.
Does my old I-140 have to be approved to keep the date?
Yes. A date becomes portable only through an approved I-140; a certified PERM alone, a pending I-140 or a denied one gives a new employer nothing to request.
| Where your old case stands when you leave | Can a new employer's I-140 use the old date? | What else to know |
|---|---|---|
| PERM filed or certified, no I-140 filed | No. USCIS says no priority date is established when no petition was filed and the petitioner changes | A corporate acquisition is handled as successor-in-interest, not porting |
| I-140 filed, still pending | Not yet; only if it is later approved | Your old employer can withdraw a pending petition, and a withdrawn pending petition sets no date |
| I-140 denied | No. "A denied petition will not establish a priority date" (8 CFR 204.5(e)(3)) | Earlier approved petitions, if any, still count |
| I-140 approved less than 180 days, then withdrawn | Generally yes; DHS's 2016 rule says the date may be retained despite such a withdrawal | The approval itself is automatically revoked, so it no longer supports H-1B time past six years |
| I-140 approved 180+ days, then withdrawn | Yes | It stays approved, including for H-1B extensions and 204(j) |
| Approval revoked for fraud, labor certification revocation or invalidation, or material error | No | 8 CFR 204.5(e)(2) |
Caption: as of 2026-11.
On the 180-day line, USCIS's Form I-140 filing procedures page says that if an approved I-140 is withdrawn after 180 days of approval, "we will not revoke the approved Form I-140 and the beneficiary will retain the priority date." Inside 180 days, 8 CFR 205.1(a)(3)(iii)(C) revokes the approval automatically on withdrawal, but the date is a separate question: DHS's 2016 AC21 final rule (81 FR 82398) says the beneficiary "may be able to retain his or her priority date even if approval of the petition is revoked due to withdrawal or business termination." Have an attorney confirm how this applies to your file. If the labor certification itself failed, see what happens to your H-1B and priority date after a PERM denial instead.
Do I need a new PERM to port my priority date?
For an EB-2 or EB-3 case with a new employer, yes. The retained date rides on a new I-140, and a PERM-based I-140 needs a labor certification in the new employer's name.
Three situations work differently:
- A self-petition. EB-1A and EB-2 NIW petitions need no labor certification. The Policy Manual's own example has a beneficiary use an EB-2 PERM date for an EB-1 petition filed on his or her own behalf. USCIS's tool showed 32.5 months for EB-1A and 30 months for NIW I-140s (read 2026-11-01, 80% of cases).
- An I-485 already pending 180 days. INA 204(j) portability keeps the existing I-140 and needs no new PERM or I-140, only Form I-485 Supplement J and a new job in the same or a similar occupational classification.
- Your employer is acquired. That is a successor-in-interest case (Policy Manual Vol. 6, Part E, Ch. 3), not a job change.
Step by step: how a new employer ports your date
The employer files each of these; your part is supplying documents and checking results.
- Ask for a copy of the old Form I-797 approval notice for your I-140, plus its receipt number, before your last day.
- Request a prevailing wage determination by having the new employer file Form ETA-9141 in DOL's FLAG system.
- Run the recruitment in 20 CFR 656.17(e). For professional jobs, the mandatory 30-day state job order and two Sunday print ads must fall "at least 30 days, but no more than 180 days, before the filing," plus three additional steps from the rule's list.
- File Form ETA-9089 in FLAG. Its filing date becomes the new case's own priority date under 8 CFR 204.5(d), even though you will ask for the older one.
- File Form I-140 with USCIS within 180 calendar days of certification (20 CFR 656.30(b)), with a statement requesting the earlier priority date and a copy of the old I-797. The base fee is $715 on paper or $665 online, plus a $600, $300 or $0 Asylum Program Fee depending on the employer; premium processing is $2,965 (G-1055, edition 10/26/26). USCIS accepts the 06/07/24 edition of the I-140 (as of 2026-10-30).
- Keep both approval notices. When you later file Form I-485, the Policy Manual's adjustment chapter says the applicant "typically" alerts the officer to an earlier priority date by including the previous petition's approval notice in the packet.
- Track the earlier date each month against the chart USCIS designates. Our priority date tracking guide explains Final Action vs Dates for Filing.
How long does a new PERM take before I get my date back?
You never lose the date while the new case runs. What you wait for is a new approved I-140 to attach it to, and on DOL's and USCIS's own dated queues that restart takes roughly 18 to 24 months without an audit (our arithmetic, assuming the pace holds).
| Stage | Rule or snapshot | As of |
|---|---|---|
| Prevailing wage (ETA-9141) | DOL working June 2026 requests | 2026-09-30 |
| Recruitment | 30-day job order; mandatory steps 30 to 180 days before filing | 20 CFR 656.17(e) |
| PERM analyst review (ETA-9089) | January 2026 priority dates; average 303 days | 2026-10-21 |
| PERM audit | December 2025 priority dates | 2026-10-21 |
| I-140 filing window | 180 days from certification | 20 CFR 656.30(b) |
| I-140 decision | EB-2 PERM 3 months; EB-3 skilled 4 months (80% of cases) | 2026-11-01 |
Caption: PERM restart timeline, as of 2026-11. Check the live FLAG page and the USCIS processing times tool before you plan.
Who feels the restart depends on your country (our reading of the November 2026 bulletin). EB-2 India's Final Action Date is 2013-11-01 (Dates for Filing 2015-01-15), so for most Indian EB-2 workers the new I-140 arrives long before the retained date is current. EB-2 Rest of World is at 2025-04-01 (Dates for Filing 2026-03-15), so for a ROW worker whose date is already current, the restart may be the whole wait. That is why the order of events (an I-485 first, or the job change first) is a question for an attorney before resigning. The USCIS filing-charts page shows which chart applies each month.
Worked timeline: leaving a PERM-suspended employer with an approved I-140
A hypothetical showing general mechanics, not advice for your case. Dates after November 2026 are our arithmetic and assume today's queues hold.
You are an Indian national on H-1B at one of the eight employers DOL named on 2026-10-08. Your EB-2 PERM was filed on 2022-08-15, your I-140 was approved on 2023-06-20, and you are in your seventh H-1B year on an extension based on that I-140. You accept an offer starting 2026-12-14.
| When | What happens | Your priority date |
|---|---|---|
| 2023-06-20 | Old EB-2 I-140 approved | 2022-08-15, retainable from this day |
| 2026-10-08 | DOL announces the PERM suspension at your employer | Unchanged; DOL announced a PERM suspension, not an I-140 revocation |
| 2026-11 | New employer files an H-1B petition (Form I-129; from 2026-11-09 only the 09/09/26 edition) asking for time past six years based on the old I-140 | Unchanged |
| 2026-12-14 | You start; the old employer may withdraw the I-140, but at 3+ years approved it stays approved | Unchanged |
| 2027-01 to about 2027-05 | ETA-9141 filed; wage issued if DOL's three-to-four-month lag (as of 2026-09-30) holds | Unchanged |
| 2027-05 to 2027-08 | Recruitment under 20 CFR 656.17(e) | Unchanged |
| About 2027-08 | ETA-9089 filed; the new case's own date would be this month | You will request 2022-08-15 |
| About mid-2028 | Certification, if analyst review stays near 303 days and there is no audit | Unchanged |
| About late 2028 | New EB-2 I-140 approved with the statement and old I-797 | 2022-08-15 attached |
| Later | EB-2 India reaches 2022-08-15 on the chart USCIS designates | I-485 can be filed |
- The H-1B piece. The six-year exemption in 8 CFR 214.2(h)(13)(iii)(E) works with a different employer: "The H-1B petitioner need not be the employer that filed the immigrant visa petition." It lasts while the old I-140 stays approved, which is why the 180-day line matters.
- What could still break it. The retained date ends only on the 204.5(e)(2) grounds, and two of them involve the labor certification. As of 2026-11-01 DOL has published no written notice, basis or end date for the suspension. A Mayer Brown analysis notes that already-approved certifications would need a separate revocation or invalidation process if fraud were found, and that "Nothing announced so far revokes them automatically." Our explainer on the DOL PERM suspension at Microsoft, TCS, Infosys and five others covers what it does and does not reach.
Can I port a priority date from EB-3 to EB-2?
Yes, if you and the new job qualify for EB-2. The rule covers "any classification under section 203(b)(1), (2), or (3)," so an EB-3 date can sit on a new EB-2 I-140, and the reverse. The new PERM must describe a job that actually requires EB-2-level qualifications.
Direction matters by country. In November 2026, EB-3 India's Final Action Date (2014-01-22) is later than EB-2 India's (2013-11-01), while both share a 2015-01-15 Dates for Filing date. For ROW, EB-2's Final Action Date (2025-04-01) is later than EB-3's (2024-06-15). Our guide to upgrading from EB-3 to EB-2 with a new PERM covers that move in detail.
Priority date porting vs AC21 I-485 portability (Supplement J)
These are two separate tools, and which one fits depends on whether an I-485 is on file.
| Porting the priority date | AC21 I-485 portability, INA 204(j) | |
|---|---|---|
| When it applies | Usually before any I-485 is filed | I-485 pending 180 days or more |
| New PERM | Yes, for EB-2/EB-3 | No |
| New I-140 | Yes | No; the existing I-140 stays the basis |
| Job requirement | Whatever the new PERM certifies | Same or similar occupational classification |
| Form | New I-140 with a statement and the old I-797 | Form I-485 Supplement J |
Caption: as of 2026-11.
Our line-by-line guide to Form I-485 Supplement J covers the 204(j) route.
Who to ask before you resign
Talk to a licensed immigration attorney before you give notice. Your old employer's attorney represents that employer and the new employer's counsel prepares its filings, so you can retain your own attorney for advice on your side. If you are on F-1 STEM OPT with a PERM in progress, your DSO handles the OPT and SEVIS side only, not the petitions.
Common mistakes
- Treating a pending I-140 as a locked-in date. A pending petition can be withdrawn, and a withdrawn pending petition never sets a portable date.
- Treating a certified PERM as a priority date you own. Without a filed and approved I-140, a change of employer leaves nothing to port.
- Assuming the date shows up by itself. USCIS asks for a statement and a copy of the old I-797 with the new I-140.
- Reading the PERM suspension as an H-1B ban or an I-140 revocation. Nothing announced as of 2026-11-01 makes it either.
- Planning around December 2026 cutoffs. That bulletin is not out; any December number is a forecast.
Frequently asked questions
Can I keep my priority date if I change jobs?
Yes, if your old employer's I-140 was approved and the approval was never revoked for fraud or willful misrepresentation, a revoked or invalidated labor certification, or material error. Under 8 CFR 204.5(e), in effect and unchanged as of November 1, 2026, your new employer files its own PERM and I-140 and asks USCIS to apply the earlier date.
Do I need a new PERM to port my priority date?
For an EB-2 or EB-3 petition from a new employer, yes. The USCIS Policy Manual says the new petitioner must obtain a new permanent labor certification when the classification requires one. An EB-1A or EB-2 NIW self-petition needs no PERM, and AC21 portability under INA 204(j) needs no new PERM or I-140 once an I-485 has been pending 180 days.
Does my old I-140 have to be approved to keep the date?
Yes. A certified PERM with no I-140 filed, a pending I-140 or a denied I-140 gives a new employer no date to request, and 8 CFR 204.5(e)(3) says a denied petition will not establish a priority date. Once an I-140 is approved, a later withdrawal by your old employer is not a ground for losing the date, and DHS's 2016 AC21 rule says you may be able to retain it even when a withdrawal within 180 days revokes the approval.
Can I port a priority date from EB-3 to EB-2?
Yes, if you and the new job qualify for EB-2. An approved EB-1, EB-2 or EB-3 petition's date can be used for a later petition in any of those three categories, so an EB-3 date can move to a new EB-2 PERM and I-140, and the reverse. In the November 2026 Visa Bulletin, EB-3 India's Final Action Date (2014-01-22) is later than EB-2 India's (2013-11-01), so check both categories for your country.
How long does a new PERM take before I get my date back?
You keep the date throughout; what you wait for is a new approved I-140 to attach it to. DOL was processing prevailing wage requests received in June 2026 (as of 2026-09-30) and analyst-reviewing PERMs filed in January 2026, an average of 303 days (as of 2026-10-21), and USCIS showed 3 months for EB-2 PERM I-140s on 2026-11-01. With recruitment added, that is roughly 18 to 24 months without an audit, by our arithmetic.
Sources
- 8 CFR 204.5, including (d) and (e) (priority date and retention)
- USCIS Policy Manual, Vol. 6, Part E, Ch. 8 (priority dates, change of petitioner)
- USCIS Policy Manual, Vol. 7, Part A, Ch. 6 (using earlier priority dates at adjustment)
- USCIS, Form I-140 filing and processing procedures (earlier-date request, withdrawal after 180 days)
- DHS, AC21 final rule, 81 FR 82398 (2016-11-18) (priority date retention after withdrawal)
- 8 CFR 205.1 and 8 CFR 214.2 (automatic revocation; H-1B time past six years)
- 20 CFR 656.17 and 20 CFR 656.30 (recruitment; 180-day validity)
- DOL, Permanent Labor Certification and DOL FLAG processing times
- USCIS fee schedule G-1055, USCIS processing times and USCIS filing charts
- State Department Visa Bulletin and Form I-485 Supplement J
How we checked this: we read the regulations, Policy Manual chapters, USCIS I-140 procedures page, 2016 AC21 rule and OIRA list cited above, and took queue figures from DOL FLAG and the USCIS processing-times tool, all on November 1, 2026.
This is general information, not legal or tax advice; your own approval notices and a licensed immigration attorney govern what applies to you.
A job change mid-green-card is easier when the next employer files PERM. If you want help finding one, talk to F1Jobs.
Frequently asked questions
Can I keep my priority date if I change jobs?
Yes, if your old employer's I-140 was approved and the approval was never revoked for fraud or willful misrepresentation, a revoked or invalidated labor certification, or material error. Under 8 CFR 204.5(e), in effect and unchanged as of November 1, 2026, your new employer files its own PERM and I-140 and asks USCIS to apply the earlier date.
Do I need a new PERM to port my priority date?
For an EB-2 or EB-3 petition from a new employer, yes. The USCIS Policy Manual says the new petitioner must obtain a new permanent labor certification when the classification requires one. An EB-1A or EB-2 NIW self-petition needs no PERM, and AC21 portability under INA 204(j) needs no new PERM or I-140 once an I-485 has been pending 180 days.
Does my old I-140 have to be approved to keep the date?
Yes. A certified PERM with no I-140 filed, a pending I-140 or a denied I-140 gives a new employer no date to request, and 8 CFR 204.5(e)(3) says a denied petition will not establish a priority date. Once an I-140 is approved, a later withdrawal by your old employer is not a ground for losing the date, and DHS's 2016 AC21 rule says you may be able to retain it even when a withdrawal within 180 days revokes the approval.
Can I port a priority date from EB-3 to EB-2?
Yes, if you and the new job qualify for EB-2. An approved EB-1, EB-2 or EB-3 petition's date can be used for a later petition in any of those three categories, so an EB-3 date can move to a new EB-2 PERM and I-140, and the reverse. In the November 2026 Visa Bulletin, EB-3 India's Final Action Date (2014-01-22) is later than EB-2 India's (2013-11-01), so check both categories for your country.
How long does a new PERM take before I get my date back?
You keep the date throughout; what you wait for is a new approved I-140 to attach it to. DOL was processing prevailing wage requests received in June 2026 (as of 2026-09-30) and analyst-reviewing PERMs filed in January 2026, an average of 303 days (as of 2026-10-21), and USCIS showed 3 months for EB-2 PERM I-140s on 2026-11-01. With recruitment added, that is roughly 18 to 24 months without an audit, by our arithmetic.