How long I-140 need to be in valid status


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I am with company A with an approved i-140 on EB3 (Approval Date: August 29 2010)and have already completed 6 years of H1 B. I have an H1 B extension approved and would like to move to employer B who is willing to file EB2. As I understand for H1 transfer from employer A to B I need approved I-140. But how important is this approved I 140 (from Employer A) to remain in valid status when Employer B files EB2 ( in other words can i still use the priority date with Employer A after he had canceled I-140)?

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Generally, an approved and valid I-140 petition is required as a basis for a three year extension beyond the normal six year H1B limitation. However, pursuant to current practice, even a withdrawn I-140 by the petitioner still allows the I-140 beneficiary to utilize the earlier priority date in a future PERM filing. This is not available however if the I-140 is revoked for “cause” by USCIS. If you have additional questions it is advisable to speak directly with a qualified U.S. immigration attorney.

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