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NCJ

PD RECAPTURE AFTER CHANGING EMPLOYER

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I have approved I-140 for last 3 years from my previous employer , this year I switched employer .

My current employer has started my green card process. 

As per the new USCIS rule , published in Jan 2017, if you have I-140 approved for more than 6 months you can recapture priority date with new employer. 

Has anyone able to recapture PRIORITY DATE with change of employer, if has approved I-140 for more than 6 months?

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PD retention has always been possible . In the past revocation of the I-140 meant you would not be entitled to further extensions beyond 6 years with the proviso that any extension beyond 6 years granted to you based on an approved I-140 would stand even if the I-140 were to be revoked.

The new 6 month rule refers to the fact that once an I-140 is approved for more than 6 months, revocation of the I-140 does not take away your right to get H1 extensions till that PD is current. This obviously gives time for a new employer to file PERM etc.

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