Port PERM priority date for new position

USA
1

Hi Anil,
Thanks for assisting in answers to our questions. I have question about priority date porting on new PERM. Scenario is, an employer files a new PERM and I-140 (in EB2) with new SOC code for a senior position than what was on initial/ first certified PERM and approved I-140 on EB2. Can the priority date be ported from old PERM/ I-140 to the new PERM/ I-140?
Thanks

2

It depends if the new position is in the same or similar kind of work.

3

Thanks Anil for detailed article on I140 and H1B transfer process.
I got an question regarding H1B transfer and porting of priority date. As per USCIS, date can only be ported if new job is same or similar occupation. what is the meaning of same or similar occupation here. I will give example.

  1. My current LCA shows SOC 15-1121 and new employer is going to file LCA with SOC 17-2071 i.e Electrical Engineer. do you see any issue due to change of SOC code by new employer ? should i request them to select similar SOC code if possible. Please suggest so that I will have more chances of H1B approval.

  2. Approved I-140 SOC is 15-1132. After 1 year , my new employer will file I140 again and if they mention SOC code 17-2071 for I-140 also then USCIS will allow to port priority date? Current and new position are at Engineer level only and no managerial role.

These immigration rules are complex and need your expert advice for peace of mind.
What would be your suggestion for me ? Thank a lot for your help.

4

H1B transfer and i140 date porting are two separate things.

If you plan to port dates, then the job that new employer will use to file PERM should be similar to the one used for first i140.

If the SOC code is changing completely, then the chances of RFE are high unless you can prove that they both are similar.

5

Thanks Anil for clarification on H1B and I140.

The term similar for I140 priority date porting is confusing. The job responsibilities should be similar or SOC code also need to be similar ? e.g. Old and New SOC code on I140 should start with same initial 2 digit like 15-1132 or 15-1133 or if initial 2 digit are not same and start with 17-2071, but job responsibilities are more or less same then is it also considered ok by USCIS ?
Thank you for your help and suggestions!