Essential Documents to Prove I-140 Benefits When Transferring Employers

When you change jobs during an employment‑based green card process, your new employer often needs proof that you already have an Approved I-140 Petition, your Priority Date, and details of your past and current status. Having a complete document package ready can prevent delays, RFEs (Requests for Evidence), and stressful last‑minute scrambling.

Below is a practical checklist with:
– Which documents you need
– Where to get them
– How to format and store them
– Translation rules
– Common issues that cause problems with USCIS or company lawyers

According to analysis by VisaVerge.com, missing or unclear proof of an existing I-140 and Priority Date is one of the most common reasons employers hesitate to pick up a foreign worker’s green card case.

1. Copy of the Approved I-140 Petition and I-797 Notice

What you need
– A full copy of the Form I-140, Immigrant Petition for Alien Worker that your old employer filed.
– The I-140 approval notice (Form I-797) from USCIS.

Where to obtain it
– From your own records (email scans, PDFs, paper copies).
– From your former employer’s HR or immigration lawyer.
– From your current lawyer, if you hired one.

If you lost the I-797 approval notice, ask the old employer or their lawyer first. If they refuse or no longer exist, talk to an immigration lawyer about options such as a FOIA request to USCIS.

Formatting tips
– Keep a clear scanned PDF — not photos with shadows or cut‑off corners.
– Make sure your name, date of birth, A‑Number (if any), and the I-140 receipt number are all readable.

Common problems
– Only a partial scan of the I-140 (missing pages with job description or wage).
– Old employer refuses to share the I-140 filing copy. In that case, at least keep the I-797 approval and any emails showing the approval.

For official information about Form I-140, see the USCIS page for Form I-140, Immigrant Petition for Alien Worker.

2. Priority Date Proof and How to Show It

Your Priority Date is your place in the green card waiting line. It usually comes from:
– The date your PERM labor certification was filed, or
– The date your I-140 was filed (for certain categories like Schedule A workers).

Where to find the Priority Date
– On your I-140 I-797 approval notice (most common).
– In your PERM approval (Final Determination) if it lists the filing date.

What to give the new employer
– A full, readable scan of the I-797 that clearly shows:
– Priority Date
– Category (EB‑2, EB‑3, etc.)
– Petitioner (old employer name)
– Beneficiary (your name)

Common problems
– Priority Date cut off in the scan or too blurry to read.
– Multiple I-140s with different dates; be ready to explain which Priority Date is currently valid based on USCIS rules and any withdrawn or revoked cases.

3. Proof of I-485 Filing (If You Already Filed Adjustment of Status)

If you’ve filed Form I-485, Application to Register Permanent Residence or Adjust Status, you need to show that to your new employer, especially if you plan to use AC‑21 portability.

What you need
– I-485 receipt notice (Form I-797C).
– If available, any I-485 approval or transfer notices.

You can see official details on Form I‑485, Application to Register Permanent Residence or Adjust Status.

Where to obtain it
– From your personal email or mail.
– From your lawyer’s file.

Formatting and storage
– Scan both sides of the notice if there’s text on the back.
– Save with a clear file name like I‑485_receipt_[receipt number].pdf.

Common problems
– People confuse the I-140 I-797 with the I-485 I-797C; make sure you label each clearly.
– Employers worry if the address on the notice is old; tell them if you already filed a change of address with USCIS.

4. Job Offer Letter from the New Employer

The new employer must describe the future job clearly so lawyers and USCIS can compare it with the I-140 job.

What the letter should include
– Job title
– Detailed job duties
– Minimum required education and experience
– Work location (onsite, hybrid, remote office)
– Start date (actual or planned)
– Salary or wage (hourly or annual)
– Signed by an authorized company representative

Formatting tips
– On official company letterhead with company address and contact details.
– PDF copy with a visible signature (ink or secure digital signature).

Common problems
– Very short letters that only list a title and salary; this makes it hard to test “same or similar occupation.”
– Missing sign‑off by HR or an officer; unsigned drafts are not enough.

5. Proof the New Job Is in the Same or Similar Occupation (AC‑21 Cases)

If your I-485 has been pending for at least 180 days, AC‑21 lets you move to a same or similar job. To show that, you should collect:

• Job description from the old I-140 position.
• Job description for the new role.
• O*NET or SOC codes for both roles, if available.
• Short letters or emails from both employers explaining how the jobs match.

Where to get these
– Ask old HR or lawyer for the I-140 job description that was filed with the petition.
– Ask new HR to give a more detailed job description than the normal offer letter.

Common problems
– New title looks very different even if duties are similar; add a clear explanation letter.
– Big jump in level (e.g., from Software Engineer to Senior Director) without clear link between old and new duties.

6. Proof the New Employer Can Pay the Offered Wage

USCIS expects the sponsoring company to show ability to pay at least the wage in the I-140 or in the new offer.

Useful documents (usually handled by the employer or their lawyer)
– Recent tax returns
– Annual reports
– Audited financial statements
– Payroll records showing your actual wage after you join

Tips
– This is sensitive data, so most employers share it only with their own lawyer, not with you.
– You mainly need to confirm with HR that they’re ready to give this proof to counsel.

Common problems
– Small companies that don’t keep clean financial records.
– Salary in the job offer that is far below the wage in the original I-140 or PERM.

7. PERM Labor Certification (If Applicable)

If your green card case is based on PERM, the Final Determination from the Department of Labor is helpful, especially for successor‑in‑interest situations.

What you need
– Copy of the certified ETA‑9089 PERM form, if you can get it.
– Any DOL approval email or letter forwarded by your old employer or lawyer.

Common problems
– PERM copy kept only by the old lawyer; you never received it. Try to request at least a redacted copy.

8. Updated Resume or CV

Your resume or CV should match the story told by the I-140, PERM (if any), and new job.

Content to include
– All degrees with correct fields and dates.
– Work history with month/year dates, cities, and key duties.
– Skills and tools that match both old and new roles.

Common problems
– Resume shows very different duties than those listed in the I-140 job.
– Gaps or overlaps in dates that raise questions about experience.

9. Proof of Current Work Status in the United States 🇺🇸

To help the new employer’s lawyer plan timing, provide:
– Copy of your current visa stamp, if any.
– I‑94 record (print from CBP site or approval notice).
– Last approval notice for your work status (for example, H‑1B I‑797).
– Copies of recent pay stubs.

Common problems
– I‑94 already expired even though the visa stamp in the passport is still valid; USCIS and CBP care about I‑94.
– People mix up visa stamp date and status expiration date.

10. Optional Support Letters and References

Letters from former managers, team leads, or clients can:
– Confirm your job duties.
– Show your seniority and skills level.
– Help prove that the new role fits the same field.

Make sure:
– Letters are on letterhead where possible.
– Writers include job title, contact details, and how they know you.

11. Form I-485 Supplement J for Job Portability

If you use AC‑21 to move your I-485 to a new employer, you normally file Form I‑485 Supplement J.

What it does
– Confirms the bona fide job offer from the new employer.
– Helps USCIS compare old and new jobs.

Common problems
– Incomplete job description on Supplement J.
– Mismatched details between Supplement J and the offer letter (title, salary, location).

12. Successor‑in‑Interest (SII) Documents, If the Company Changed

If your old employer merged, split, or was bought, the new company may be a successor‑in-interest and can keep using your old Approved I-140 Petition and Priority Date.

Useful documents include:
– Merger or acquisition agreements.
– Business registration records showing name change.
– Letters from old and new companies explaining how the new one took over assets, staff, and job offers.

Common problems
– No clear paper trail showing that the new company took on the immigration obligations of the old one.

Translation Rules and General Formatting

If any document is not in English:
– Provide a full English translation, not just a summary.
– Add a signed translator’s certification stating the person is competent in both languages and that the translation is complete and accurate.

General formatting tips:
– Use PDF format for all scans.
– Scan in color at good resolution so USCIS and lawyers can read small print.
– Keep a single organized folder with subfolders: I-140, I-485, Status, Job_Offer, SII, etc.

Important takeaway:
A well‑organized set of documents showing your Approved I-140 Petition, clear Priority Date, and full immigration history makes it far more likely that a new employer and their lawyer will feel comfortable taking over your green card case and moving it forward without long delays.