Porting Priority Date on Perms between Companies


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Have a quick question

  1. I am currently working with a company A and thinking of moving to company B. I have my perm and I140 approved from company A. I am working with company B to file PERM first and then I140. Once I140 is approved from company B then we plan to make H1 transfer.
  2. Question is, what date should company B use for filing their PERM and I140 (as H1 transfer has not yet happened and GC is being filed as future employment)?
  3. Say Company B uses current date as priority date in their PERM and I140, when H1 transfer is done, will priority date go back to what was approved initially with company A.
  4. My current priority date is in 2015, however, not sure what date should company B should use.

Appreciate your help and support.

Thank you



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13 hours ago, pontevecchio said:

The priority date will be the date the new approved PERM is first filed . You will get to retain the 2015 PD at a later stage.

Thanks for the response pontevecchio. Could you please review my understanding and provide your comments.

  1. Per your response, say new approved PERM has Aug 2018 date.
  2. When new I140 is being filed we attached my current I140 to retain my priority date (back to 2015). Per my understanding this would retain my date back to 2015.
  3. Here there are two possibilities
    1. New I140 gets approved: In this scenario, I can initiate H1 transfer (assuming that H1 transfer is approved) and start working for new employer
    2. New I140 gets denied: In this scenario, I can keep working with current employer

Appreciate your comments.




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