Issues in changing employers after I-140 approval

I am planning to switch from Employer A to B. Can you please help clearing some confusion i have. Moving from Employer A to Employer B with I-140 approved. 1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?
2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?
3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.
4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?

Printer-friendly versionPDF version
ANSWER: 

FAQ: Issues in changing employers after I-140 approval

 

Video Transcript

1. Absolutely.

2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.

3. No, because what is being transferred is the priority date and you can transfer that to any petition.

4. Yes, there is an issue about the one year filing date, but it does not revoke your I-140. FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment