latest on PD portability?

[suffolk2325]

Does anyone know of the latest USCIS trend on allowing EB2 employees to retain their priority date (from current I-140) when they move to a new employer who files for a new I-140? I am thinking of switching universities (am a faculty) and the only thing that is really worrying is loosing the PD. Any thoughts whether it is safe to switch now as I know current university may revoke my I140 when I leave them?

[rahul412]

Does anyone know of the latest USCIS trend on allowing EB2 employees to retain their priority date (from current I-140) when they move to a new employer who files for a new I-140? I am thinking of switching universities (am a faculty) and the only thing that is really worrying is loosing the PD. Any thoughts whether it is safe to switch now as I know current university may revoke my I140 when I leave them?

There is new rule under process which allows you to retain your old PD even your I140 is revoked. Not sure when this rule will be effective and published in the registry.  But still I think you can retain your PD as per current rules, all you need is a good attorney.

[Attorney_15]

Under current guidance you  should be able to retain your priority date so long as the I-140 was not revoked for fraud or misrepresentation. A proposed rule would make some changes to that principle but the proposal has not been finalized at this time.