My first H1B was with employer A who applied for my I140 with priority date of 2011 Jan. Some time in 2013 I moved to new job at employer B and they applied for I140. When I requested for my I140 they did not give me I140 approval saying it was something for employer purpose only. Employer B confirmed PD as 2011 Jan. I am planning to take up new job under employer C, will I be able to get my 2011 Jan priority date when employer C starts my GC process?
A person with an approved EB1,2,3 I-140 retains the earliest priority for subsequent EB1,2,3 filings.
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Yes, although it won't look good (bouncing from employer to employer so frequently) C should be able to transfer the priority date.
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I always suggest people with H1b visas to direct their questions to the attorneys dealing with their case. Meanwhile, the answer is yes you do retain your priority date.
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