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Case Stories
⏳ EB-3 Priority Date Porting - India/Other PD January 2016
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⏳ **Case Status: Pending**
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Applicant with an approved PERM and I-140 from 2016 was laid off in 2024 after 8 years of waiting. New employer agreed to file a new PERM and port the original priority date, but is now in a hiring freeze/cooling-off period, leaving the applicant in limbo as their priority date may become current soon.
Applicant held an approved EB-3 PERM and I-140 with a January 2016 priority date from their previous employer. After being laid off in 2024, they secured a new employer willing to sponsor and port the original priority date. The new PERM process was approved internally in September 2025, but the company conducted layoffs at end of 2025 and entered a cooling-off period, delaying the labor market test until mid-2026. The applicant now faces uncertainty about whether their priority date could become current before the new PERM is filed and approved, and whether there are alternative options to preserve their place in line.
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**[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1rxx7qo/porting_of_priority_date_with_new_employer_after/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights a critical risk in priority date porting: the new PERM must be approved and I-140 filed before the original I-140 can be used as the basis for porting. If the priority date becomes current before the new employer's PERM and I-140 are approved, the applicant cannot file I-485 without an active, approvable petition. The original approved I-140 retains the priority date for porting purposes even after employment ends (per AC21 rules), but it cannot independently support an I-485 filing after job separation beyond 180 days without a new petition in the same or similar occupational category. Applicants in similar situations should explore whether any other employer can sponsor them in parallel, or consult an attorney about AC21 portability options if an I-485 had already been filed.