How to Retain Your Original Priority Date When Changing Employers

Keep your green card priority date by ensuring a similar job, filing a new I-140 requesting retention, and waiting 180 days with a pending I-485. Proper steps prevent delays and protect your progress, especially important for applicants from countries with long waits like India and China.

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Key takeaways

You can keep your original priority date if your new job is similar and your old I-140 was approved.
New employer must file a new I-140 petition requesting priority date retention and possibly a new PERM.
I-485 must be pending at least 180 days to change jobs without losing the green card process place.

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

How to Retain Your Original Priority Date When Changing Employers
How to Retain Your Original Priority Date When Changing Employers

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.

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Green Card Priority Date Retention Requirements
Essential criteria for maintaining your priority date when changing employers

1
Original I-140 petition approval
Your original I-140 petition must be approved.

2
New job similarity
Your new job must be in the same or a similar occupation as your previous job.

3
Pending I-485 for 180 days
If you’ve filed Form I-485, it must have been pending for at least 180 days.

4
New PERM process willingness
If your green card category requires PERM labor certification, your new employer must be willing to start a new PERM process.

5
New I-140 petition filing
Your new employer must file a new I-140 petition on your behalf.

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.
💡 Tip
Before changing employers, confirm that your new job is in the same or a similar occupation. This ensures you can retain your priority date and avoid complications in your green card process.
  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
  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
  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
Priority Date Retention Timeline for Green Card Applicants
Key events in the process of retaining priority dates when changing employers

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2018
Priya’s I-140 approved with Employer A
Priya, an engineer from India, has her I-140 petition approved.

2025
Priya receives a new job offer from Employer B
Priya is offered a new position in a similar engineering role.

2025
Employer B files a new PERM
Employer B initiates the PERM labor certification process.

2025
Employer B files a new I-140
Employer B submits a new I-140 petition on Priya’s behalf.

2025
USCIS grants Priya’s request to keep her 2018 priority date
USCIS approves the request to retain Priya’s original priority date from her previous I-140.

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.
⚠️ Important
Changing jobs before your I-485 has been pending for at least 180 days can jeopardize your priority date. Ensure you meet this requirement to avoid starting over in the green card process.

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

🔔 Reminder
Always request your new employer to explicitly ask for priority date retention in the new I-140 petition. Missing this step could result in losing your original priority date.
  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.

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Learn Today

Priority Date → The date USCIS receives your first I-140 or PERM, determining your green card application position.
I-140 Petition → Employer-filed petition to sponsor a foreign worker for permanent residence in the U.S.
PERM Labor Certification → Department of Labor process certifying no qualified U.S. workers are available for a job.
I-485 Application → Form filed to adjust status from nonimmigrant to permanent resident within the United States.
Porting → Transferring your pending green card application to a new employer without losing priority date.

This Article in a Nutshell

Changing employers during your green card process? Retain your priority date by meeting eligibility rules, filing a new I-140, and ensuring job similarity. Avoid costly mistakes by following careful steps with your employer’s support and USCIS guidelines to protect your immigration progress and save years waiting.
— By VisaVerge.com
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Oliver Mercer
Chief Editor
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As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
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