PORTING PRIORITY DATE

Overview

Once I-140 is approved, a priority date is permanently assigned to applicant. If the applicant for whatever reason has to start over the Green Card process, the priority date would remain the one assigned for the earlier I-140.

Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.

During interfiling which refer to updating documents (usually a new I-140) on existing I485 too, the priority date of the older of the two I-140 is kept.

Interfiling cannot be done using a I-140 petition if an I-485 petition based on that I-140 has been denied. In such cases, the new priority will be the only priority date the applicant has.

See also