Changing employer after I-140 approval - retaining priority date

New bQJU74
Jun 11 6 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https://www.rnlawgroup.com/h-1b/628-what-happens-when-an-i-140-is-withdrawn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the priority date of that petition only if it has been approved for 180 days, regardless of when or if the I-140 is withdrawn by the employer."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 6 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
    Jun 11 4
    • 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!
      Jun 11
    • Expedia Group / Eng RslS72
      Can you share when did this happen? Asking because there has been recent changes in this policy. Want to know if this data point is before or after that
      Jul 24
    • Google uzaname
      Q1 this year
      Jul 24
    • Expedia Group / Eng RslS72
      Wow..so pretty recent. Thanks!
      Jul 24
  • 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
    Jun 12 0