Change of employment with apporved I-140


theone1

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Hi,

I have an approved I-140 with a priority date as Aug 23 2010 with Occupation code 15-1032.00. I recently got my H1-B extension for next 3 years. I have been with the same company since 2008 and progressed to a Software Development Manager. Now, I'd like to change employer. Would I be able to keep my priority date when doing so? 

Reading thru the existing articles, it seems career progressions qualify for AC21 portability. Would that include changing employers?

https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/

https://www.murthy.com/2016/04/07/final-policy-on-ac21-same-or-similar-job-requirement/

Any help on this would be greatly appreciated! 

Thank you! 

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Changes in H1B employment are not based on progressions in employment. Furthermore, keeping the priority date is not based on that either or moving to a similar job. Under current law, if the I140 has been approved for 180 days or more, if the petitioner withdraws it the priority date can transfer to a new GC case and extensions of H1B status are still available.

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