I140 approved Employer change, Priority date retain


neha.2

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Hi,

 

My I140 Has been approved on September 17th 2015 with employer A. My priority date is Dec-2014.

 

I received full time offer from employee B and Joining date is February 2016. and They are willing to start my GC with in 3 months.

 

If i change to employer B, 

 

1. Can i retain my priority date? since i haven't completed 6 months with the employer A after i-140 approval?

 

Please suggest.

 

Thanks,

Neha

 

 

 

 

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There is no such thing that one has to be with the employer 6 months post approval. An attorney in this forum has suggested that PD cannot be retained if i140 is revoked. Talk to an attorney.

Hi Jairichi, On the same topic, in order to retain priority date with second PERM/I140( with the new employer), is there a requirement that new job has to same or similar to the original job?  (2) Also what info do we need from the first employer before we leave the job. Many companies don't share the I140 documents. For example, my company only gave me the receipt number.

 

Thanks for the advice.

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  • 5 months later...

There is no such thing that one has to be with the employer 6 months post approval. An attorney in this forum has suggested that PD cannot be retained if i140 is revoked. Talk to an attorney.

 

PD cannot be retained if I140 is revoked for Fraud or error...  (this is clear)

 

But the PD cannot be retained if I140 is revoked for whatever reason it is..? is it true...? 

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