Changing Employer after I-140 approval


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Posted

Hello,

 

I have I-140 approved with my current employer. But now I'm trying to change the employer and start GC process later in the year. My worry is about the retaining the priority date.

 

My current employer says If I change the employer, he will withdraw/cancel the approved I-140.

 

Say If the current employer cancels the I-140, and If the new employer starts the GC in an year, can I retain the original Priority date?

 

Please tell me the necessary steps to be taken to retain the original priority date.

 

 

Thank You,

Posted

Mostly you will be able to retain PD. I read in a post somewhere an attorney had mentioned that recently USCIS does not allow to retain PD when employer withdraws I140 petition. Check with an attorney.

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