Retaining priority date


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Regarding retaining priority date and scenario like this

1) Employee has I-140 approved in company A in classification/position: "Software Developer: Applications" .

Now if the employee decided to move to company B which is going to start PERM under classification: "Software Quality Analyst". Does priority date gets retained for this new PERM?

Does the position/classification should be same?

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Generally the priority date should be retained in the case below

There is no rule that the positions should be same

It will facilitate faster approval obviously when the positions are at least related, are in same field

Example: Software Developer to Quality Assurance Engineer can still be considered although Development, Testing are generally distinct disciplines although related to the same field: software engineering

However the following will obviously raise all eyebrows even though it may be valid

Cook (Chinese food) to Software Developer

You should have got it by now!!

all the best

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