Priority Date


Shruti1983

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Greetings Group,

I am about to change my employer in next 3 months and haven't filed my PERM because I am waiting for the change of employer. Some one told me that I should file my PERM via my current company and get a priority date. The same priority date will be valid even for the next employer also when I join the next employer in next 3-4 months.

Is this correct and should I file the PERM via my current employer.

Regards,

Shruti

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Generally, a PERM application can be filed by an employer that intends to hire a beneficiary for permanent employment in the proffered position upon approval of the green card. A beneficiary may not retain an earlier priority date simply by having an employer file a labor certification. An approved I-140 petition is required also.

A beneficiary of an approved I-140 petition can usually retain the priority date for use in a subsequent green card case as long as the I-140 is not revoked for cause. Again, if an employer is willing to sponsor you for a green card, the employer, at the time of filing the PERM application, must intend to permanently employ you in the proffered position when the green card is approved.

Please keep in mind that it can take up to a year or more to file a PERM application, obtain certification by the Department of Labor and get an I-140 petition approved by USCIS.

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  • 11 months later...

Greetings Attorney,

Thanks for replying in this post. I got 2 cross questions based on your reply.

1. If my I-140 is approved via company A and I leave company A and join company B(trasfering H1 to it), and then company A revokes my approved I-140.

A. Will I still retain the priority date.

B. Will the new H1(via Company B) still be valid (in some post of Murthy.com I found that an approved I-140 must spend more than 6 months then only if company A revokes it, the new H1 will not be affected but if I leave company A within 6 months of approved I-140 the new H1 will land up in problem and may be invalid I will be legally not allowed to work in United States.

2. If my I-140 is approved and I change my company and joined company B and if my previous company doesnt revoke approved I-140, will I get any query etc why corresponding I-485 is not being filed and the approved I-140(just to maintain the priority date) comes into any problem.

Answer appreciated.

Regards,

Shruti

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