priority date porting

[amchiimast]

Hi Everyone,

I have my green card in second stage (I-140). My questions :

1. If I change company within the same state, then can my priority date be ported over by new company when filing my green card? Will the priority date still be the same?

2. If the company is in a different state, then can the priority date still be ported over?

Thanks a for the answers.

[Attorney_20]

1. You can retain an earlier priority date in a subsequent green card case if the first I-140 petition is approved and not revoked.

2. The new company being in a different location is irrelevant to the question of priority date retention since the new employer has to file a new labor certification to test the U.S. labor market in the area of intended employment.

You and your employer should discuss your green card case with an experienced immigration attorney.