is it possible to retain PD with change of employment

[rita123]

Hello Guys,

I am planning to change the employment from A to B. A company has filed my GC and I-140 is approved with Sep 2009 PD.

After i change to B and if my GC has not started with in next 6 months or Labor is in process and suppose if my sep 2009 date gets current for I-485. Would i still be able to use my old PD or does it get cancelled and i have to use the new one from B company GC processing.

Thankyou in adavance.

[Attorney_19]

Since one has an approved I-140 petition, one may use the priority date from that approved I-140 petition for subsequent I-140 petitions of which one is a Beneficiary.

If one has left Company A and one is now pursuing a green card with Company B, it will be necessary for Company B to file a labor certification and I-140 petition for a job offer in Company B. At the I-140 stage, one can retain the priority date from the earlier approved I-140 with Company A.

[rita123]

Thankyou Murthy Attorney for the response.

I have 2 more questions.

My PD is SEP 2009

1.Is it possible for me to retain the PD although my I-140 from Company A is cancelled ? Or company A has to keep my I-140 active ?

2. If I-485 processing is being done for the dates post my PD while i apply for PERM from Company B, Can i still retain my PD while applying I-140 ? Or the Processing Date should be past or Current to the PD ?

[ittiam999]

Even I am interested to know the answer from Murthy Law experts for this question...

1.Is it possible for me to retain the PD although my I-140 from Company A is cancelled ? Or company A has to keep my I-140 active ?

[ittiam999]

Can you please reply to above question

[Belle]

The only way to lose the PD is to have the I-140 revoked for fraud.