What happens to Priority Date if New employer not able to file I140 and AOS within 1 year of Old PD becoming current???


Recommended Posts

Hi If priority date becomes current and new employer has not advanced the green card process enough to get 140, and adjustment of status filed within 1 year of priority date (and no retrogression), will I loose the priority date.?  
So example Priority date is Jan 2018 and new Employer starts the GC process in 2023 Jan, current H1 till August 2025. It may take 2-3 years to get to I140 approved. If during that period, priority date becomes current and stays current for 1 year.  No new I140 approved and adjustment of status filed because of slow process,  will the PD of Jan 2018 be lost? I understand no further H1b extensions for 1 year but will the PD also be lost too and no carry forwarded to new Approved Labor and I140?

Link to comment
  • 2 weeks later...

The regulation introduced in January 2017 imposing a limit on using an I-140 for extensions of status does not appear to impose any limitations on using or transferring the Priority Date. The limitation imposed appears to be solely on obtaining extensions of status.

As regarding extensions of H1B status, the regulation does not directly address the ability to extend status based on a new PERM and/or I-140 Petition. However, given that there does not appear to be any limitation on the  Priority Date retention, this would allow someone to file the I-485 with the I-140 Petition in which case the person qualifies for the H1B extensions.

The question remains what happens if the new PERM is taking longer than expected. USCIS does write into the regulation the ability to qualify based on circumstances beyond one's control. One would - in this situation - have to present the case / argument to USCIS that but for the PERM being approved one would be filing the I-140 and I-485.

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.