heyho Posted April 23, 2021 Report Share Posted April 23, 2021 I have I-140 approved from previous employer. I am stuck abroad and not working. It will take more than 1 year to comeback to US get LC/140 with new employer. Will I loose the old priority date because I did not file I-485? **8 CFR 214.2(h)(13)(iii)(D)(10)** is not about H1-B exemption only. **INA 203 g** is only for CP and not AOS. Quote Link to comment
rksingh Posted May 1, 2021 Report Share Posted May 1, 2021 you will not lose your priority date. provided all relevant requirements are met and a job is still available, you can have your old employer file for immigrant visa with consular processing since you are outside US. Quote Link to comment
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