Maintaining same priority date through different companies.

[Andy9]

Hi,

I am trying to better my understanding on using the same priority date through different companies. I tried to look through different threads but did not quiet get it. Not sure if it is answered earlier. If so please accept my apology for asking the same. My situation is as below.

I completed M.S in Computer Science from a good US university and got hired fulltime by Company A .I have been working for companyA for around 4.5 years on H1B and I have another 1.5 years of H1B period left. CompanyA filed my LC on Nov 9 2009 and I-140 in 2010. Got approval for both. It is in EB2 with priority date of 9 Nov 2009.

For some specific reasons, I want to leave companyA. I will be having an offer from CompanyB soon. I know that when I move to CompanyB, it has to file my LC and I-140 again .Only thing I can use is the priority date. CompanyB also said it will sponsor GC in the same EB2 category.

Assume I moved to CompanyB and my LC and I40 are filed by CompanyB and got approved in EB2 with same (9 Nov 2009) priority date. I would like to request help/advise on following questions.

1.Will my priority date with CompanyA be useless or expired after it got transferred to I-140 of CompanyB..?

2.If need arise can I join back CompanyA and continue my GC processing with the same priority date 9 NOV 2009..?

3.For any other reason if i need to join third company (like CompanyC) can I use the same priority date 9 NOV 2009....?

4.If answer to question 3 is YES, what company’s (A or B) approved I-140 copy should I posses to maintain the same priority date with the GC processing of CompanyC ?

5.I have approved I-140 copy of CompanyA. But I am not sure if CompanyB will provide that.

Can approved I-140 copy of CompanyA be sufficient or is it must to have the approved I-140 copies both A and B to maintain the same priority date with CompanyC?

6.Any other relevant information which you think i need to know before making the move to CompanyB will be greatly appreciated.

Appreciate your time and help,

Thank you.

[redgreenbluee]

please consult a lawyer.

your company A I-140 remains valid unless company A revoked their petition.

you can apply I-485 for company A's petition if permanent job offer remains valid.

with an approved I-140 from company A, you can port PD to company B and C in the future.

Originally posted by Andy9:

Hi,

I am trying to better my understanding on using the same priority date through different companies. I tried to look through different threads but did not quiet get it. Not sure if it is answered earlier. If so please accept my apology for asking the same. My situation is as below.

I completed M.S in Computer Science from a good US university and got hired fulltime by Company A .I have been working for companyA for around 4.5 years on H1B and I have another 1.5 years of H1B period left. CompanyA filed my LC on Nov 9 2009 and I-140 in 2010. Got approval for both. It is in EB2 with priority date of 9 Nov 2009.

For some specific reasons, I want to leave companyA. I will be having an offer from CompanyB soon. I know that when I move to CompanyB, it has to file my LC and I-140 again .Only thing I can use is the priority date. CompanyB also said it will sponsor GC in the same EB2 category.

Assume I moved to CompanyB and my LC and I40 are filed by CompanyB and got approved in EB2 with same (9 Nov 2009) priority date. I would like to request help/advise on following questions.

1.Will my priority date with CompanyA be useless or expired after it got transferred to I-140 of CompanyB..?

2.If need arise can I join back CompanyA and continue my GC processing with the same priority date 9 NOV 2009..?

3.For any other reason if i need to join third company (like CompanyC) can I use the same priority date 9 NOV 2009....?

4.If answer to question 3 is YES, what company’s (A or B) approved I-140 copy should I posses to maintain the same priority date with the GC processing of CompanyC ?

5.I have approved I-140 copy of CompanyA. But I am not sure if CompanyB will provide that.

Can approved I-140 copy of CompanyA be sufficient or is it must to have the approved I-140 copies both A and B to maintain the same priority date with CompanyC?

6.Any other relevant information which you think i need to know before making the move to CompanyB will be greatly appreciated.

Appreciate your time and help,

Thank you.

[Andy9]

Thank you for the reply "redgreeenblue". Appreciate it.

Can you please share your thoughts on the following too ..

1. During immediate H1B transfer to company B from company A, will I get the remaining 1.5 years of H1B or 3years extension possible if approved I-140 of companyA is used. .?

(I seen in some post that to get 3years extension you need to be in the 6th year of your H1B period.)

2. Can CompanyB use approved I-140 of company A, to get 3years H1B extension..?

(This could be in the unlikely event that my I-140 with CompanyB gets delayed for so long for approval)

3. If I move to CompanyC from CompanyB, can I use approved I-140 of company A to get 3 year H1B extension for CompanyC .?

Thankyou.