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Options while waiting in the EB-2 queue

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Hello Murthy Forum Users,

Like thousands of others, I am currently waiting in the EB-2 queue (with approved I-140 a couple of years ago) until my priority date becomes current. As of now, it may take several years for the day to come. In the meantime, I am dependent on the employer to file the H-1Bs and I-140s every time I need to change the employer to stay in the country.

What if I don't find one quickly in the difficult times? What if I have to move out of the US temporarily? Is there a chance I can come back after a few years, when a new employer is ready to file both these petitions on my behalf, and I can still hold on to my previous (original) priority date? Would I lose my H-1B lottery as well as 140 priority date and need to start from the scratch?

Thank you in advance!

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You can apply for an EAD under compelling circumstances with approved I140.

You can maintain you PD if you decide to go out of the country and come back. You will not have to go thought the lottery again.

If you come back with a new employer then you will have to start the PERM and I140 process again. 


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Thank you for the response. Could you please expand on the compelling circumstances? Does there need to be one of the approved reasons from the list to be able to come back with a new employer?

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