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Frequently Asked Questions - Priority Date

  1. Can approved I-140 be revoked
  2. Switching Jobs after I-140 approval
  3. Can I file I-140 under EB2 if PERM is filed under EB3
  4. Priorty date
  5. Green card and priority dates
  6. If one has an approved I-140
  7. Priority Date For Indians
Can approved I-140 be revoked

My current employer has filed for my greencard. My I-140 was approved last year. I have 2 more years on my H-1B. I want to change employers and want to know whether: My current employer can revoke my I-140 for changing companies? Even if they do so, can I maintain my Priority Date?

The old employer can revoke I-140 and alarmingly, USCIS has recently taken the position that the PD will also be lost.

Switching Jobs after I-140 approval

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.

Can I file I-140 under EB2 if PERM is filed under EB3

My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?

1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.

Priorty date

I have a priorty date( ">PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?

You do have to start the green card all over again, but your PD is yours to take with you to the new job.

Green card and priority dates

My father applied for a green card for me back in August 1993 and I was wondering when am I going to get my interview for my green card.

Green card waits are determined primarily by your priority date and the available visa dates. It is a queue. See the Visa Bulletin to know where your dates are. http://www.immigration.com/visa-bulletin

If one has an approved I-140

If one has an approved I-140, does he/she to move to a similar job/position/field to save the ">PD?

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

Priority Date For Indians

I have LC approved and 1-140 approved last year April. How do I know when I can file I-485? Is ">USCIS going to let my employer know about it? Also what is the priority date for Indians who are current?

USCIS does not inform. You should keep track of the priority dates. See the Visa Bulletin each month: http://www.immigration.com/visa-bulletin

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