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Addy126

I-140 Priority date transfer before 180 days of notice with old employer

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Hi All,

I've been working with employer A for a long time and have an H1-B and approved I-140 with them,

but I haven't finished 180 days of employment after the I-140 approval notice (I140 received date Dec 2018 and approval notice date is Feb 2019) 

I'm moving to a new employer B in a couple of weeks and just got my H1-B with employer B is approved,

1. Is there anything that my employer B could do right now to preserve my priority date? Since I don't have the 180 day period completed yet.

Employer A is strict about revoking H1-B and I-140 immediately after I move to a new employer. 

2. Most Importantly, Is there still a thing that I need to stay with employer A for more than 180 days If I want to keep my priority date.

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1. Your PD has always been retainable in the absence of fraud. You will lose the ability to get H1 extensions till the PD is current if your I-140 is revoked before 6 months are over.

2. No such thing. Usually and generally, PD Retention has always been possible.

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This is really useful information. I am in a same situation .

My I-140 Approved and am going to change employer within 2 months from I-140 approval.

Hope I can retain PD , when new employer files I-140 even though current employer withdraws I-140.

Please advise,.,.

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