Work VisaFeb 11, 2018
MicrosoftxXed06

If an H1B holder changes employer after filling of their I-140, do they lose their perm priority date?

I saw some proposals discussing that even if employers recall the perm application, there process is would not be affected. Did it pass? What is the current law?

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eBay Blurman Feb 11, 2018

I140 must be approved to retain the priority date.

Microsoft xXed06 OP Feb 11, 2018

If one switches employer after approval, is priority date retained then? Isn't there an option for the employer to recall the application?

eBay Blurman Feb 11, 2018

It is retained. Employer can’t revoke the i140, unless there is fraudulent activity

Oracle yyRk36 Feb 11, 2018

No they don’t loose their priority date. You need to file an application along with your new perm labor to retain it.

Campaign Monitor blind0 Feb 11, 2018

Employers can revoke i140 applications. I had a colleague whose application was revoked after approval thereby voiding the use of priority date. The law here is that if your are approved for 180 days, then even if the application is withdrawn you are eligible to use the same priority date. Please don’t make life changing decisions by seeing what people post online. Get an immigration lawyers suggestion.

Uber VXdV80 Feb 11, 2018

This is true, also you may be unable to reuse your approved i140 and would have to start over.

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Ur_Boss Feb 11, 2018

I don’t see why an employer will go through all the trouble of revoking your I-140 unless either you really pissed them off for some reason or either implicitly or explicitly made them believe you will keep working for them for longer period of time to make them file for your I-140. If neither of these cases are true then they shouldn’t do it.