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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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Old 03-04-2013, 02:58 PM
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bostonGirl is on a distinguished road
Question requirements for retaining old priority date


I am considering switching jobs and want to confirm the requirements for retaining my old priority date. Some key details:

* Filing class EB2 - India ; PERM and 140 are approved; Priority date: January 2012
* I just started my 4th year in H1B. The extension period expires in October 2015.

If I switch jobs now and the new employer goes through PERM and 140 in the EB2 class for the new job, what are the conditions under which I can retain my old priority date. The reason I ask is because I plan on changing fields - going from development to product marketing.

Based on my reading it seems that as long as the previously approved 140 is not revoked by the USCIS for fraud or misrepresentation, I should be able to retain the old priority date. Is that the ONLy requirement? Are there requirements for similarities between the old PERM and new PERM filing. Does the new job need to have the same/similar job classification or job title? Or be in the same/similar field? Are there other circumstances, under which I will not be able to retain the older priority date?

Can someone direct me to an official policy or statement on this subject?

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