Several years ago, my I-140 from Employer A was approved with a June 2015 priority date. Last year, I received an approved I-140 from Employer B, which lists the same June 2015 priority date. If I decide to move back to Employer A, can I transfer the priority date back to Employer A’s I-140?

Answer

You don’t exactly “transfer” the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so has no impact on the validity of the I-140 petition from Employer A. (02.Jan.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.

Access more FAQs here.