Priority Date Portability for I-140


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Hi All,


1) I'm with Employer A and I have got my I140 approved in November 2015.
2) Now I have got an excellent opportunity with Employer B.
3) Employer B files GC only after an Year.
4) Employer A usually revokes I140 once someone leaves the company.

I'm nearing 5 Years with my current H1B.
I spoke to Employer B about this and they said as per existing rules once they Transfer H1B using my I140, they should be able to retain my PD.

If I accept to join Employer B sometime in February (I will not complete 180 Days after my I140 approval with Employer A).


Here is my Question:
Once I join Employer B and start my GC (after 1 Year), the newly proposed rule (RIN#1615-AC05) would be in place.

  • Once an I-140 has been approved for 180 days or more, the U.S. Citizenship and Immigration Services (USCIS) would not revoke the I-140 other than in cases of fraud, misrepresentation, or a few other limited situations. While the I-140 still could not be transferred to a new employer, it could nevertheless be used for purposes of extending one's H1B status beyond the 6-year limit, even if the employer requests withdrawal of the I-140.

Would I be able to use my revoked I-140 (from Employer B and which is not 180 Days older) to retain my Priority Date?



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