NIW I-140 approved, I-485 denied because of change in role - Priority date retention, refiling, and porting
Question details
My NIW I-140 was approved based on a job, but later, my NIW I-485 was denied because I was not working in a similar role.
My question is:
1. Does the denial of the NIW I-485 rescind the priority date that I got with the NIW I140 filing/approval?
2. In the future, if I am working in a similar role, can I re-file this NIW I-485?
3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based, etc.?
FAQ Transcript
An NIW I-140 approval does not lose its priority date even if the I-485 is denied due to a change in role. You can likely refile the I-485 if working in a similar role in the future, and you can likely use the NIW I-140 priority date in other adjustment of status cases.