Change of Employer (keep Priority dates)


Dash_8971

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Dear Friends,

I have I-140 approved under the EB1-B category (Priority date Sept 2019). However, I can not apply for applying I-485 due to retrogression for India.

NOW, I have a job offer from another University and I am planning to start my new position in January 2020. As my I-140 is under the EB-1B category and it is employer-specific; I cannot transfer OR keep my I-140 approval BUT I guess, I can keep my priority date? Right? 

If YES: Do I need to apply for new EB1-B or EB1-A before joining to a new Employer? OR Can I apply anytime after joining the new position and still keeping the priority date?  

Also, Can I transfer my H1-B visa and applying new EB-1B category at the same time?

Please advise. It is a very important juncture of my career and I look forward on your advise and suggestions.

 

Thank you for your time.

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Pontevecchio: Thank you for your reply.

But have additional Question: 

1. I got my first H1-B in 2016 and I still have three more years to use on H1-B. So do I still need to apply the H1 petition based on approved I-140? Can I apply it independently without approved I-140? 

2. Also, please let me know how I can keep my approved I-140 priority date (which is Sept 2018). Do I need to apply before joining the position or I can apply later on.

Thank you for your help.

 

 

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