How to Retain Your Original Priority Date When Changing Employers

If you’re thinking about changing employers while waiting for your green card, you might worry about losing your place in line. The good news is that you can often keep your original priority date—the date that determines your spot in the green card process—even if you start over with a new employer. This guide will walk you through how to retain your priority date, what steps you and your new employer must take, and how to avoid common mistakes that could set you back years. By following these steps, you’ll protect your progress and keep your green card journey on track.

What You’ll Accomplish with This Guide

By the end of this guide, you’ll know:
– If you’re eligible to keep your priority date when changing jobs
– What steps you and your new employer must take
– Which documents and forms you’ll need (with official links)
– How long the process might take and what it could cost
– Common mistakes to avoid
– What to do next to keep your green card process moving

Eligibility Requirements: Can You Keep Your Priority Date?

Before you start, check if you meet these requirements:
– Your original I-140 petition was approved. The I-140 is the form your employer files to sponsor you for a green card.
– Your new job is in the same or a similar occupation. The new position must be close enough to your old one that USCIS considers them similar.
– If you’ve filed Form I-485 (adjustment of status), it’s been pending for at least 180 days. This rule lets you “port” your green card application to a new employer after six months.
– If your green card category requires PERM labor certification, your new employer is willing to start a new PERM process. PERM is the first step for many employment-based green cards.

If you meet these requirements, you’re likely eligible to keep your original priority date.

Step-by-Step Process: How to Retain Your Priority Date When Changing Employers

1. Check Your Priority Date and Job Category
   • Your priority date is usually the date your first I-140 petition was filed, or the date your PERM labor certification was submitted.
   • Find your priority date on your I-140 approval notice or PERM approval.

1. Confirm Your Eligibility
   • Make sure your new job is in the same or a similar occupational classification as your old job. You can check the job codes (called SOC codes) used in your original and new filings.
   • If you’ve filed Form I-485, confirm it’s been pending for at least 180 days before changing employers.
2. New Employer Starts the PERM Process (If Required)
   • If your green card category requires PERM, your new employer must file a new PERM labor certification with the Department of Labor.
   • This process includes job advertising and proving there are no qualified U.S. workers for the position.
3. New Employer Files a New I-140 Petition
   • Your new employer must file a new Form I-140, Immigrant Petition for Alien Worker on your behalf.
   • On the new I-140, your employer should explicitly request to retain your original priority date from your previous I-140 approval.
4. Request Priority Date Retention
   • The new I-140 petition must include a copy of your old I-140 approval notice and a clear request to keep your original priority date.
   • USCIS will usually grant this request as long as the new job is similar and your old I-140 was approved.
5. File or Continue Your I-485 Application
   • If your priority date is current (meaning your place in line is up), you can file or continue your Form I-485, Application to Register Permanent Residence or Adjust Status.
   • If you already filed I-485 and it’s been pending for 180 days, you can “port” your application to the new employer.
6. Maintain the Same or Similar Occupation
   • Make sure your new job duties and job code are close to your old ones. If they’re too different, you could lose your priority date and have to start the green card process over.

Required Documents and Official Links

Here’s what you and your new employer will need:
– Copy of your old I-140 approval notice
– New PERM labor certification approval (if required)
– New Form I-140 with a request to retain your priority date
– Form I-485 (if you’re filing or continuing adjustment of status)
– Job offer letter from your new employer
– Evidence that the new job is in the same or similar occupation (job descriptions, SOC codes, etc.)

For more details on priority dates and adjustment of status, visit the USCIS official guidance.

Timelines and Costs

• PERM Labor Certification: 6–12 months (can vary based on processing times and audits)
• I-140 Petition: 6–9 months (can be faster with premium processing, which costs an extra fee)
• I-485 Adjustment of Status: Several months to years, depending on your priority date and country of birth

Fees:
– PERM: No government filing fee, but employers often pay legal and advertising costs
– I-140: $700 (standard fee), plus $2,805 for premium processing (optional)
– I-485: $1,140 (plus $85 for biometrics, if required)

Common Pitfalls to Avoid

• Changing Jobs Too Early: If you change employers before your I-485 has been pending for 180 days, you risk losing your priority date and having to restart the green card process.
• Switching to a Dissimilar Occupation: If your new job is too different from your old one, USCIS may not let you keep your priority date.
• Not Requesting Priority Date Retention: Your new employer must clearly ask USCIS to keep your original priority date on the new I-140 petition.
• Missing Documents: Failing to include your old I-140 approval notice or proof of job similarity can delay or derail your case.
• Not Checking the Visa Bulletin: If your priority date isn’t current, you can’t file or continue your I-485. Check the Visa Bulletin each month to see if your date is current.

Practical Example

Let’s say Priya, an engineer from India 🇮🇳, had her I-140 approved in 2018 with Employer A. In 2025, she gets a new job offer from Employer B in a similar engineering role. Employer B files a new PERM and a new I-140, asking to keep Priya’s 2018 priority date. Because her new job is similar and her I-140 was approved, USCIS lets her keep her 2018 date. Priya doesn’t lose her place in line, even though she changed employers.

Recent Trends and What They Mean for You

According to analysis by VisaVerge.com, keeping your priority date is especially important for people from countries like India 🇮🇳 and China 🇨🇳, where green card wait times can stretch for years. The 2025 Visa Bulletin shows that while some categories are moving forward, India and China remain heavily backlogged. That means losing your priority date could set you back many years.

USCIS and the Department of State continue to support the rules that let you keep your priority date and change jobs after 180 days of I-485 filing. This helps workers and employers stay flexible without losing years of progress.

Next Steps: What to Do Now

1. Talk to Your New Employer Early: Make sure they understand the steps and are willing to help with the new PERM and I-140 petition.
2. Gather Your Documents: Keep copies of your old I-140 approval, job descriptions, and any other paperwork.
3. Check Your Priority Date: Use the Visa Bulletin to see if your date is current.
4. Consult an Immigration Attorney: Even small mistakes can cost you years. An experienced lawyer can help you avoid problems and keep your green card process on track.
5. Stay Informed: Rules and processing times can change. Check the USCIS website for updates.

In Summary

Retaining your priority date when changing employers is possible if you follow the right steps. Make sure your new job is similar, your new employer files a new I-140 petition with a request to keep your original date, and you don’t change jobs too early. By staying organized and working closely with your employer and attorney, you can keep your green card process moving forward—without losing your hard-earned place in line.