Make Certain that your I-140 is approved & 180 days passed since the filing of your I-485
In order to successfully port your green card to another employer, you must make certain that your I-140 is approved. The rules do not specifically require you to do so, however, other memoranda issued by the USCIS indicate that if the I-140 is approved the petitioning employer may not be able to withdraw the approval. This is what I call vesting. In other words, if your I-140 petition is approved and six months had passed since the filing of your I-485 application, the previous employer is estopped from revoking the I-140 approval.
Make certain that the new position is in the same or similar occupational classification.
In order to make certain that portability works, the new position must be in the same or similar occupational classification which gave rise to the original permanent residence application. This is accomplished by experience and by looking at several factors including the occupational classification on which the application is based as well as a line by line analysis of the position descriptions.
Remember you can port your green card to your own company.
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