Priority Date

“Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

Does reusing priority date cancel an old case?

Question details

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

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.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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

Question details

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!

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.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

March 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

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FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?

March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

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Discussion Topics, Thursday, March 03, 2022:

FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

Approved I-140 in May 2009

Question details

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.

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.

FAQ Transcript

Note: Where transcribed from audio/video, 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.

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

Question details

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'?

 

Video URL
FAQ Transcript

If you are likely to keep moving employers, you could hold off until you know where you will be working long term. You already have a priority date. The date is not likely to become current soon, although freak fluctuations do occur. It makes sense to wait to file PERM again once you are in a long-term position. More...

 

 

Note: Where transcribed from audio/video, 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.

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

Question details

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.

 

Video URL
FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

 

 

Note: Where transcribed from audio/video, 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.