My I-140 was just approved. Can I keep this priority date if I leave the U.S. and do not return until my priority date becomes current? Could I use that priority date with an I-140 filed by a different employer?
11 Feb 2019Answer
Once the I-140 is approved, the priority date is “cemented” and will be retained for future I-140 approvals with different employers. Only revocation of the I-140 by the government (as opposed to withdrawal by the employer) can result in loss of the priority date; this usually occurs only if there was fraud / misrepresentation in the I-140 filing. (11.Feb.2019)
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