Priority Date FAQs

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Authored on: Tue, 09/20/2022 - 06:44

Question

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Answer

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I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485?

Authored on: Tue, 09/20/2022 - 06:32

Question

I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485?
 

Answer

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Can we file more than one AC21 portability Supplement J if we continue changing employers?

Authored on: Tue, 06/28/2022 - 03:11

Question

I have a question regarding the AC21 180 days rule. My I-485 Green Card was approved under EB2 category in March 2022. I changed my employer in October 2021 but my new employer filed AC21 I-485j only in February 2022 when my PD got current. When can I change jobs if I get a better offer? Do I need to work for 180 days with this employer since I-485j filing date?
In total, I have worked for 9 months for this employer (5 months before filing AC21 and 4 months after GC approval).
 

Answer

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Does reusing priority date cancel an old case?

Authored on: Fri, 06/24/2022 - 12:17

Question

Hi Rajiv, My PERM is pending approval with Employer A. I have an approved PERM with employer B and they are ready to file my I-140. My intention is to stay with Employer A if the PERM is approved , when my I-140 is being filed by Employer A , will I need to mention the Previously filed I-140 with Employer B? I don't want to use that priority date and I am ok with the new priority date from Employer A . Moreover, Employer B will not be willing to provide me the I-140 details. Thanks, Ashok

Answer

You may have a mistaken understanding of the law. Just because you have used a priority date obtained through Employer-A for a petition with Employer-B does not in any way take that priority date away from Employer-A. You can use the same priority date in multiple cases, through multiple employers without any priority date canceling out another.

Using old I-140/H-1B for new employer while relocated to India

Authored on: Sun, 06/19/2022 - 10:29

Question

I have an H1-B/ I-140 question for you and your team. Please see below: I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020. Questions for your team: I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ? If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer? Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US. Your help and feedback on the above matter will be greatly appreciated. Thanks!

Answer

Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?
A. Yes, you can.

Q. If yes, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to the US? What is the porting time frame after coming to the US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?
A. Priority date can be ported for sure if your I-140 stayed approved till at least 17 January 2017, when there was a change in regulations in favor of the employees. Earlier, the situation was uncertain if the employer withdrew the I-140. Under the current regulations, that is not a problem for priority date transfer.

Q. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US?
A. Adjustment of Status (AOS) is not possible. The new employer will have to start the green card all over again, carrying the old priority date.

Approved I-140 in May 2009

Authored on: Tue, 02/22/2022 - 10:30

Question

Hello Rajiv, My I-140 was approved in May 2009 and unfortunately I lost my job and left US in October 2009. I intend to return back to US once I find good job. If my employer or myself file another I-140 could my priority date be retained from my original approved I-140. I see that current priority date for India is 2012 but obviously my priority date originally was in 2009. In this case can my priority become current as soon as I file my I-140. I will really appreciate your insight in such case.

Answer

Prior to January 17, 2017, the rules about priority date retention were uncertain. If your earlier I-I40 was not withdrawn or revoked, you should be able to keep your priority date.

Change of jobs with an approved I-140 from employer A and Reapplying PERM through B

Authored on: Wed, 11/10/2021 - 05:55

Question

I have an approved I-140 from my old employer 'A' with a priority date from 2017. Now I am working for employer 'B'. I have a couple of questions about this:

i) Is it worth doing my PERM here through employer 'B' again if I plan to change jobs soon (maybe in a year or so)?

ii) Are there any benefits of doing the PERM now through employer 'B'?

iii) Or would you suggest doing the PERM with my next employer and not bother with the PERM through employer 'B'?

 

Answer

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EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Authored on: Mon, 10/25/2021 - 05:43

Question

Q: 1.  If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

 

Answer

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Priority date and original I-140 approval notice

Authored on: Thu, 10/01/2020 - 07:29

Question

I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.

Answer

Watch the Video on this FAQ:

Priority date and original I-140 approval notice

Video Transcript

So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Issues in changing employers after I-140 approval

Authored on: Wed, 09/02/2020 - 02:14

Question

I am planning to switch from Employer A to B. Can you please help clearing some confusion i have.
Moving from Employer A to Employer B with I-140 approved.

1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?<br>
2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?<br>
3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.<br>
4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?

Answer

FAQ: Issues in changing employers after I-140 approval

 

Video Transcript

1. Absolutely.

2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.

3. No, because what is being transferred is the priority date and you can transfer that to any petition.

4. Yes, there is an issue about the one year filing date, but it does not revoke your I-140. FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.