In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?

Answer

No, this should not impact your ability to retain the priority date from Company A’s approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed to use that priority date for any future I-140 filed on your behalf. (27.Jul.2022)

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.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved