theone1 Posted July 1, 2020 Report Share Posted July 1, 2020 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! Quote Link to comment
User099 Posted July 4, 2020 Report Share Posted July 4, 2020 You should be able to move to a new employer and keep your priority date. Quote Link to comment
Attorney_15 Posted July 9, 2020 Report Share Posted July 9, 2020 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. Quote Link to comment
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