I140 Approved, Change Job

[di987]

Hello,

My I140 was approved with employer A with Job Title X, recently I joined with Employer B with different Title and Job description. Can I still use priority date of my old I140.

Thanks for your help

[Attorney_17]

If Employer A does not withdraw the I-140, then you will be able to retain the earlier priority date. If Employer A does withdraw the I-140, then you may or may not be able to retain the earlier priority date. It is a gray area of the law. Employer B will have to file a new green card case starting from the beginning, with a new labor certification and a new I-140 Petition. The priority date can be "transferred" to the new case at the I-140 stage. The fact that the new position is different from the position for which you were initially sponsored is irrelevant to this scenario. The two positions do not have to be similar or even related in order for the sponsored employee to benefit from the "transfer" of the priority date.