Changing employer after I-140 approval - retaining priority date

New bQJU74
6d 3 Comments

https://www.rnlawgroup.com/h-1b/628-what-happens-when-an-i-140-is-withdrawn

Per this article:
"Additionally, with regard to retaining priority dates, an I-140 must remain approved for 180 days before a beneficiary becomes entitled to the priority date of his petition for priority date portability purposes. That is, if you have an approved I-140, you will be granted the priority date of that petition only if it has been approved for 180 days, regardless of when or if the I-140 is withdrawn by the employer."

So, if I understand correctly, you cannot port the priority date if u transfer before 180 days of the petition approval, regardless of whether or not your previous employer withdraws it. This is the first time I came across this clause (Source seems reliable). Does anyone have any experiences around this?

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TOP 3 Comments
  • Google uzaname
    Does not sound correct. I retained my priority date without having my initial i-140 approved. It was pending for >180 days though
    6d 1
    • Expedia / Eng RslS72
      Interesting. Did not know that date can be retained even for cases where approval is yet to be done. Thanks for sharing!
      6d
  • Aspen Technology / Consultant wUHa67
    Entitled... is the key word. After 180 you can't lose the pd even if your employer withdraws the approved i-140
    5d 0

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