I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?


If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that requested revocation – not the U.S. government. If the gov’t revokes for fraud / misrepresentation, then the PD is lost. Also, you should review the 28.May.2015 MurthyDotCom NewsBrief, BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation. (12.Oct.2015)

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