Sandy1221 Posted September 3, 2013 Report Share Posted September 3, 2013 My 140 is approved and I still have around 3 years of my initial h1 valid...lets say if I move to a different company with a different job title/description what are the chances of retaining priority date?? I know I still have to apply for my perm & 140 again, but I still have lot of time remaining in h1 & also my priority date wouldnt become current atleast for the nxt 2 yrs Link to comment
Attorney_15 Posted September 4, 2013 Report Share Posted September 4, 2013 A priority date is retained by law from one I-140 to another while the originating I-140 is approved. If the I-140 approval is revoked by the employer or by USCIS, retention is solely at the discretion of USCIS. If the revocation is for cause, since it should not have been approved, retention is less likely. The law does not limit priority date retention to cases where the new I-140 is for the same kind of job; the law generally allows priority dates to be retained between EB1, EB2, and EB3 petitions. Link to comment
Sandy1221 Posted September 5, 2013 Author Report Share Posted September 5, 2013 So here is my situation...My I-140 is approved under EB2 but the project i am working is likely to be completed early next year, so i was kind of worried how long my company is going to keep me I have a Masters degree from US, so i am looking for any position which needs a Masters degree(may have a different job description)...So i may still apply under EB2 but just that my job description will change Link to comment
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