I140, job change and priority date

[majmera]

Hi all,
I currently work with a MNC, my GC was filed several years ago (2003, under EB3). My I 140 has been approved for over a year now.

At this point I am planning to return to India (that was always the goal). My questions are
- If after a year or so if I chose to return back, can I retain my priority date?
- is there any advantage if I continue with the same employer although there will probably be an internal transfer to being an India employee and back to US employee if I do return back?

Thanks

 

[whitemimauz3]

Should you choose to come back you can do so by obtaining new H-1B after staying in your home country for at least 1 year, based on assumption that you have fully utilized period of H-1B stay in USA. Green card is future employment, as long as employer keep job offer open for you to accept after you get GC, priority date belongs to you even if I-140 is withdrawn, only exception being I-140 revoked due fraud or misrepresentation.

 

[majmera]

Green card is future employment, as long as employer keep job offer open for you to accept after you get GC, priority date belongs to you even if I-140 is withdrawn, only exception being I-140 revoked due fraud or misrepresentation.

I did not understand the last part. My question is that if I plan to return either with the same employer or with another one will I be able to retain my current priority date for the new application?

Thank you

 

[whitemimauz3]

As I said earlier. Priority date belongs to you personally. No matter how many I-140 gets filed on your behalf. The only situation where you cannot port priority date is if USCIS revokes I-140 due to fraud or misrepresentation and if you decide to join another employer you need to redo labor certification and I-140 and you would be benefited by earliest filed priority date.