Shall I lose my approved I 140 and priority date if I switch to another employer?

UPDATED: Sep 30, 2022

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Shall I lose my approved I 140 and priority date if I switch to another employer?

I am on H1B visa which will max out in Nov 2018. My employer filed for my GC and the current status is I 140 approved. My question is if I switch to a different employer, shall I lose the approved I 140 and my priority date? My current employer revokes/withdraws I 140 if an employee moves out of the company. My H1 visa will max out in 2 years and I 140 approval now a days take very long time. I wanted to check if switching now may become an issue for me.

Asked on June 22, 2016 under Immigration Law, Connecticut


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you switch employers before the I-485 is filed and is pending for at least 6 months, you will lose the ability to adjust status on the basis of that approved I-140 even if the employer does not revoke it.  You'd have to restart the entire process from PERM if you switch employers although you might be able to retain the original priority date.  If you still have 2.5 years left in H-1B status it is still enough time to get the PERM started with the new employer and get it filed at least 1 year prior to the maxing out on H-1B, which is how you'd be eligible for extensions in H-1B beyond the 6 year maximum.

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