Holding Priority Date

B

BrainDrain

Registered Users (C)
Gurus,

I need to know if I can hold my Jan 2003 PD ( EB3 ) if I am going to change jobs and my I-485 is pending to be filed due to retrogression.

In other words, do I automatically hold my PD or is it dependent on the present employer not withdrawing my approved I-140
 
BrainDrain said:
Gurus,

I need to know if I can hold my Jan 2003 PD ( EB3 ) if I am going to change jobs and my I-485 is pending to be filed due to retrogression.

In other words, do I automatically hold my PD or is it dependent on the present employer not withdrawing my approved I-140
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140 approved and 485 pending for more than 180 days .. yes U can change Ur employer and Ur GC will continue. The new job has to be simmilar in nature.

If you think Ur current employer might withdraw Ur 140 application -- U must use AC-21 to protect yourself.

If you are getting a preApproved labor at the new work place -- U must get the new 140 approved on that preApproved labor ... and if the preapproved labor has a good old date on it ... Bingo U get Ur GC super fast.


Hope this helps.
 
I need to know if I can hold my Jan 2003 PD ( EB3 ) if I am going to change jobs and my I-485 is pending to be filedd due to retrogression.
Click to expand...

YOu have not filed for your 485 yet. Is this correct? If not you might not be able to use AC21. AC21 law clearly states 485 is pending for more then 180 days. Yes this is really very unfortunate. :mad:

But I could be wrong, Please check with you Arattorney.
 
Gurus, I am clarifying once again, my 485 is not filed yet due to EB3 retrogression.My I-140 has been approved.

I only need to confirm if I would still hold my priority date when I change jobs irrespective of what action the present employer might take on the current petition.
 
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