First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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.
Video Testimonial - Dr. JoAnne Woodard, Director, Sallie B. Howard School
Good Morning, I am the Founder and Executive Director at Sallie B. Howard School at North Carolina for the past 17 years. I am happy to give the reference and recommendation for the Law Offices of Rajiv S. Khanna.
We have been working with him for past 3 years and the work he has done for us has been excellent. In the past, we have had large number of immigrant teachers here at Sallie B. Howard . We have used various attorney's over the years some are good some not well, some very knowledgeable and some not so very knowledgeable and that resulted in complications and some problems time to time we get through those.
One of our staff members brought Rajiv’s business to our attention. He actually had done some research and found great record, well regarded, highly regarded in the industry and consultant some times for the government. It was really great resume for the office. Even though he was in Washington D.C and we are in North Carolina we took the trip up there to meet with him and to discuss what the service would be for us.
Typically, we do H-1B visas and green card petitions. And so we started out with him and found his services to be well beyond our expectations. More than that, for me I found him to be just stunningly brilliant, when it comes to the immigration laws and processes. We have had over the time pretty difficult cases that teacher had given upon and we all said wow! This is the shot in the dark to see if we can clean this part or clear this up and get the net result. But Rajiv's folks were very confident and they always tell you exactly what you can expect. They don't promise something that they can't deliver and they have been able to help us in every single case for past three years.
So, I highly recommend his company - they are people of integrity and they tell you exactly what to expect and we were pleased with their services. There are several characteristics of the service that we get from this company that I want to point out. One is that timeliness and the responsiveness to our applications and to the conversations if we have to consult then they get right back to us but more than that meticulousness in which they do their work.
Everything is checked and double checked and nothing is submitted with errors and mistakes as we have experienced that many times in the past with other attorney's. I don't know if they are not as careful as they need to be sometimes or what happens. In the case of Rajiv's team they check and double check, they are careful. I don't think we ever had any application which returned or denied because of some error, even the telephone number everything is exactly the way it supposed to be and that means everything in this particular business when you are working with Federal government.