Switch to a different org after 140 approved
Do I need to re-file 140? Can I keep my priority date? Also, I filed 140 for eb3. I might be eligible for eb2 for the new role. If I upgrade to eb2, can I keep my priority date? Edit: transferring to a different city
You must refile I140 at new company but can reuse priority date if old employer doesn’t withdraw I140 in about 6 months.
Also you must go through PERM at new company
You can retain the priority date from any approved I-140 in EB-1, EB-2, or EB-3 classification for any subsequent EB-1, EB-2, or EB-3 immigrant visa application. Even if the original I-140 was withdrawn in less than 180 days. The 180 day rule applies to H-1B extensions but not to priority date retention.
Really? Can you cite the source? Thank you so much!!!
The law is under AC21. I don’t think you can use PD if withdrawn within 180 days though
Once you get a priority date, it’s your to keep. (There was a rule change in 2017 that allows you to do this). You can transfer the priority date to any future EB2 or EB1 application.
^ you can reuse the priority date from a previous i140. This was available before the regulation that you mentioned. What that regulation did was make it impossible for employers to revoke it after 6 months.