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Switching Jobs after I-140 approval

Submitted by Chief Editor on Mar 16th 2011
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I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Revoke I-140

Submitted by Guest on Oct 5th 2011.

In the previous question, the answer states
"The old employer can revoke I-140 and alarmingly, USCIS has recently taken the position that the PD will also be lost." which is in direct contradiction with this answer. So if my previous employer revokes my I-140, can I port my date or not?

Revoke I-140

Submitted by Rajiv S. Khanna on Oct 7th 2011.

No. Pay attention to the word "recently." This is the current USCIS thinking, which is in direct opposition to their earlier practice.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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