Retaining Priority Date

S

sameer_n

Registered Users (C)
Hi all,

If I140 is approved in an EB category then even if I change my company can I retain my priority date AS LONG AS I apply for GC in the same EB category with my new company? What if the job titles and descriptions differ? Say my current employer had filed my EB2 case for "Senior Programmer Analyst" position. I have got an offer from another company for "Senior Systems Analyst". After my I-140 approval for "Senior Programmer Analyst", if I change the company will I be able to retain the priority date? Also, could anyone please share the source of information where I can read about "retaining priority date"? I would like to do my homework as well! If you could point me in the right direction on this that would be great. Appreciate your time and help.

Thanks,
Sam
 
Priority date

Once the I-140 is approved, the employee owns the priority date. So even if you switch companies, you will be able to retain the priority date, even the position offered is different. I know this is the truth and cannot remember the a location to tell you.

GC miracle
 
I wish I could find the source so that I can read more about it. Neverthelss, Thanks for the wonderful replies guys. Appreciated.
 
seems like good news

This is encouraging.. can someone please post a pointer to this.. as in the flexibility to change job as well as the position if I-140 is approved?..
 
If you change the job, you just retain the priority date. YOu will need to file a fresh labor with the new employer if you change jobs. Only diference being that you can file the 485 with the old priority date from your previous employer.
This regulation is called 204.5(e)
 
Thanks creative10. But one more question I had was that if you are close to 6th year expiring / already beyond it, does this regulation provide such people with any relief?. In the sense, is it still possible to change jobs under those conditions?.
 
If your 140 is approved and your 6th year is expiring, best bet is to get your H1 extended by 3 years (since you are eligible to do that) and then change jobs.
 
I wanted to know if there is any time limit associated with this.

Say my I-140 gets approved in Dec. 2006, Then I get my 3 year extension of H-1B and join another employer. Can that employer file for my labor after 2 years ( in 2008) and can I still maintain the earlier priority date or does it have to be immediately after you change the jobs ?

Also, What happens if the original sponsor of I-140 cancels that ?
 
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