1. What is green card portability?

Green card portability, also known as porting, is the ability of a foreign national who has been granted lawful permanent residence (LPR) status in the United States to change their place of employment without having to file for a new immigrant visa or wait for previously filed applications to be approved. This process allows the lawful permanent resident to maintain their legal status in the U.S. while switching employers.

2. How do I qualify for green card portability?

To be eligible for green card portability, you must meet all of the following requirements:

-You must be eligible to receive an immigrant visa, either through an approved family- or employment-based petition or through the Diversity Visa Program.

-You must be in the United States and have been inspected and admitted or paroled into the U.S.

-You must not have abandoned your residence in the U.S.

-You must file a new visa petition and submit a new adjustment of status application before the previous visa petition expires or is revoked.

3. When can I use green card portability?

Green card portability is available to lawful permanent residents who have obtained a new permanent residence through a new employer within 180 days of their last admission or departure from the United States.

4. What documents are needed for green card portability?

In order to port your green card to a new job, you will need the following documents:

1. A valid Employment Authorization Document (EAD) or valid Labor Certification from the new employer.

2. An I-485 Application to Adjust Status, if your priority date is current; otherwise, an I-140 Immigrant Petition for Alien Worker.

3. Evidence of your current lawful permanent resident status (Form I-551).

4. Proof of the new job offer, including salary and job description.

5. A copy of your last U.S. income tax return or W-2.

6. Any additional documents that may be required for your particular case, such as proof of educational degree or English language proficiency.

5. Can I use green card portability to change employers while my green card application is pending?

Yes, in most cases you can change employers while your green card application is pending. However, you will need to make sure that the new employer is still willing to sponsor your application and continue with the process, as the new employer will need to submit an amended I-140 petition with updated information.

6. How many times can I use green card portability?

Green card portability is only available once. After you have used it, you cannot use it again.

7. Can I use green card portability to accept a new job offer before my current one is approved?

No, you cannot use green card portability to accept a new job offer before your current one is approved. Green card portability applies to individuals who already have an approved green card and want to switch employers without having to go through the green card application process again.

8. How long does it take to receive an approval for green card portability?

The processing time for a green card portability application can vary greatly depending on the individual’s circumstances. On average, it can take anywhere from a few months to a year or longer to receive approval.

9. What happens if my green card portability petition is denied?

If your green card portability petition is denied, you may appeal the decision to the Board of Immigration Appeals (BIA). You may also reapply for a new green card portability petition.

10. How can I ensure that my petition for green card portability is successful?

Although it is impossible to guarantee that a petition for green card portability will be successful, it can be made more likely by ensuring that all of the required documentation is provided to the United States Citizenship and Immigration Services (USCIS) in a timely manner. It is also important that the individual’s relationship to the sponsoring family member or employer remains valid and that the individual is still eligible for a green card. Finally, it is important to pay close attention to the instructions and requirements of the USCIS so that there are no mistakes that could hinder the success of the petition.

11. Is there a time limit for how long I can stay with one employer after filing for green card portability?

No, there is no time limit for how long you can stay with one employer after filing for green card portability. However, it is important to note that the portability provisions of the American Competitiveness in the 21st Century Act of 2000 (AC21) only allow you to change employers once the I-485 petition has been approved by USCIS. Additionally, you must also show that there has been no material change in either your job or salary since you filed your I-485 petition.

12. Are there any restrictions on the types of jobs I can take when using green card portability?

Yes. In order to use green card portability, applicants must follow the same restrictions that apply to Adjustment of Status applicants. This includes both job restrictions and salary requirements. Applicants must also demonstrate that the new job is in the same or a similar occupational class as the old one. Additionally, applicants must prove that their new employer has sufficient financial resources to pay their salary.

13. Are there any risks to applying for green card portability?

Yes, there are risks to applying for green card portability, including:

– Denial of the application for an unrelated reason
– Potential denial of future visa or green card applications if the portability application is denied
– The risk of USCIS examining past violations more closely
– The risk that the application might be flagged for fraud or misrepresentation

14. Is it possible to renew my green card if I have used green card portability in the past?

Yes, it is possible to renew your green card if you have used portability in the past. However, you will need to demonstrate that you are still eligible for the green card and that you have maintained your lawful permanent resident status.

15. Can I travel internationally while waiting for my green card portability application to be approved?

No. You must wait until your green card portability application has been approved before you travel outside of the United States.

16. Is it possible for me to use more than one employer when using green card portability?

Yes, it is possible to use green card portability for more than one employer. However, the new employer must file a new I-140 petition for you, and the new job must be in the same or similar occupational classification. You must also be able to show that you have maintained continuous lawful status in the United States since the initial I-140 approval.

17. Are there any limitations on how many employers I can use while using green card portability?

Yes, there are certain limitations on how many employers you can use while using green card portability. Generally, you must work for the same employer for at least 180 days before you can apply for portability under INA Section 204(j). Furthermore, it is recommended that you maintain a consistent employment relationship with the same employer for over a year before attempting to use green card portability. Additionally, you must not have had any significant breaks in employment with the same employer in order for portability to be an option.

18. Can I transfer my H-1B visa to a different employer using my green card portability application?

No. Your green card portability application cannot be used to transfer an existing H-1B visa to a different employer. If you wish to apply for an H-1B visa with a new employer, you must submit a new H-1B application.

19. Are there any additional costs associated with applying for a new job under the green card portability program?

No, there are no additional costs associated with applying for a green card portability program. The only fees associated with the process are the filing fees required to submit the application.

20. Does changing employers via the green card portability program affect my chances of becoming a US citizen in the future?

No, changing employers via the green card portability program does not affect your chances of becoming a US citizen in the future. The portability provision of the Immigration and Nationality Act (INA) allows green card holders to change employers without having to go through the labor certification process. This is beneficial for those looking to switch employers but does not directly impact the naturalization process.