Change of Employer (keep Priority dates)


Recommended Posts

Dear Friends,

I have I-140 approved under the EB1-B category (Priority date Sept 2019). However, I can not apply for applying I-485 due to retrogression for India.

NOW, I have a job offer from another University and I am planning to start my new position in January 2020. As my I-140 is under the EB-1B category and it is employer-specific; I cannot transfer OR keep my I-140 approval BUT I guess, I can keep my priority date? Right? 

If YES: Do I need to apply for new EB1-B or EB1-A before joining to a new Employer? OR Can I apply anytime after joining the new position and still keeping the priority date?  

Also, Can I transfer my H1-B visa and applying new EB-1B category at the same time?

Please advise. It is a very important juncture of my career and I look forward on your advise and suggestions.


Thank you for your time.

Link to comment

Pontevecchio: Thank you for your reply.

But have additional Question: 

1. I got my first H1-B in 2016 and I still have three more years to use on H1-B. So do I still need to apply the H1 petition based on approved I-140? Can I apply it independently without approved I-140? 

2. Also, please let me know how I can keep my approved I-140 priority date (which is Sept 2018). Do I need to apply before joining the position or I can apply later on.

Thank you for your help.



Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.