oSwitching jobs after I-140 is approved. What if Priority date becomes current before new I-140 is approved?


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Hi all,

My I-140 has been approved. The priority Date is Nov 2007; as per the August Visa bulletin, the current cut-off is April 15, 2007 (my application is in EB-2 category from India)

I am considering switching to a new job in a substantially similar occupational classification, although to a different location. the new employer would sponsor a green card application for me.

Based on my current understanding:

(1) The new employer will have to file fresh paperwork for the greencard, including PERM application and I-140.

(2) Once the new paperwork is filed and I-140 has been approved, I still can use my original priority date of Nov 2007.

I want to know

(a) Is the above understanding accurate?

(b) Are there any complications around being able to re-use my original priority date, if the date is past by the time the new I-140 gets approved. For instance, suppose it takes until March 2012 for my new I-140 to be approved, however, by that time the current priority cut-off for priority dates has advanced to April 2008. Will I still be able to use my original priority date of November 2007? Or are there any additional risks with this approach that I should be careful about?

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