I am with Company A .EB3 I140 approved .PD is june 2006.have not filed I485 in 2007.Trying to join Company B.Once I join Company B current e...

Question

I am with Company A .EB3 I140 approved .PD is june 2006.have not filed I485 in 2007.

Trying to join Company B.Once I join Company B current employer Company A will revoke I140.

If Company B does my GC can I recapture the priority date even if the I140 is revoked

Answer

Hi,

Yes, you will be able to maintain earlier I-140 priority date even if Co. A revokes its I-140. Co. B will need to start the GC process from the beginning: PERM, and then I-140, but as noted the earlier priority date will be connected by the USCIS to the new I-140.

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