Frequently Asked Questions - Priority Date

“Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

  1. Locating A Long-Pending I-485 Application and Priority Dates
  2. Ability to Pay Wages when Priority Date is in the Middle of the Year
  3. Can approved I-140 be revoked?
  4. Switching Jobs after I-140 approval
  5. Can I file I-140 under EB2 if PERM is filed under EB3
  6. Priorty date
  7. Green card and priority dates
  8. If one has an approved I-140
  9. Priority Date For Indians
  10. Issues in changing employers after I-140 approval
  11. Going to school while I-485 is pending
  12. Change in green card job responsibilities and/or job title during the process
  13. Impact on Green Card of Job Promotions
  14. Options for Career or School, While Employment-Based Green Card is Pending
  15. The Logistics of Porting a Priority Date, How to?
  16. Transfer of Priority Date on an I-140 Process
  17. How Can I Downgrade from EB-2 to EB-3 and Consequences
  18. Porting Priority Date from EB-2 to EB-1
  19. Changing Jobs After I-140 Approval
  20. How Late Can a I-485 be Filed After Priority Dates Become Current
  21. Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
  22. I-140 Revoked By Last Employer
  23. Do jobs have to be same or similar when I port my priority date?
  24. Change of Status to H-4 - effect on priority date; maternity leave on H-1
  25. Getting married when AOS I-485 is pending (following to join and other options)
  26. The Proposed I-140 EAD Rule - FAQ's
  27. Difference between I-140 withdrawn and revoked
  28. What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer
  29. How to Calculate Dates from Visa Bulletin
  30. No loss of priority date if employer revokes I-140; Green card through future employer
  31. Priority date loss upon revocation of I-140
  32. Priority date port and multiple I-485/AOS petitions
  33. Procedure for Porting a Priority Date from One I-140 to Another
  34. Changing from EB-3 to EB-2 Category
  35. Retaining PD
Locating A Long-Pending I-485 Application and Priority Dates
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”? 2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?

1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS.  It is advisable to follow up in case no useful answer is forthcoming.  USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.

It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.

Ability to Pay Wages when Priority Date is in the Middle of the Year
How shall ability to pay wages be determined when the Priority Date is in the middle of the year?

 

USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.

Can approved I-140 be revoked?
My current employer has filed for my greencard. My I-140 was approved last year. I have 2 more years on my H-1B. I want to change employers and want to know whether: My current employer can revoke my I-140 for changing companies? Even if they do so, can I maintain my Priority Date?

The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date.  Please review the latest information on this topic:  Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012

Switching Jobs after I-140 approval
I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12, 1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)? 2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Can I file I-140 under EB2 if PERM is filed under EB3
My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010. 1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category. 2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer? 3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?

1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.

Priorty date
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?

You do have to start the green card all over again, but your PD is yours to take with you to the new job.

Green card and priority dates
My father applied for a green card for me back in August 1993 and I was wondering when am I going to get my interview for my green card.
If one has an approved I-140
If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

Priority Date For Indians
I have LC approved and 1-140 approved last year April. How do I know when I can file I-485? Is USCIS going to let my employer know about it? Also what is the priority date for Indians who are current?

USCIS does not inform. You should keep track of the priority dates. See the Visa Bulletin each month: http://www.immigration.com/visa-bulletin

Issues in changing employers after I-140 approval
I am planning to switch from Employer A to B. Can you please help clearing some confusion i have. Moving from Employer A to Employer B with I-140 approved. 1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there? 2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore? 3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD. 4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?

FAQ: Issues in changing employers after I-140 approval

 

Video Transcript

1. Absolutely.

2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.

Going to school while I-485 is pending
My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021. However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company. On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed? I
Change in green card job responsibilities and/or job title during the process
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following - · Generally someone with industry knowledge and/or software knowledge · SME in multiple areas · Able to assist in even more areas · Able to work without management intervention My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - · SME in a lot of areas · Able to work in any area · Able to talk accurately about the whole product whenever and wherever regardless of audience · “Manager” on the floor, a mentor to “all” that need help, trusted adviser · The one that the Engineer level people go to and want to be My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years. I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
Impact on Green Card of Job Promotions
My Employer has filed my GC in 2014 and I got my I140 but if I want to change a different role within my organization (Changing Cost center), will that impact my current GC processing. Should they start the GC processing from the begining ?
Options for Career or School, While Employment-Based Green Card is Pending
I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios. 1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” ) 2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa) 3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”
The Logistics of Porting a Priority Date, How to?
I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
Transfer of Priority Date on an I-140 Process
I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ? How long will it take to get the amended I-140 with old priority date.
How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Changing Jobs After I-140 Approval
I have the following questions Can employer A revoke my current I-140 after I change my employment? Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing? Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
How Late Can a I-485 be Filed After Priority Dates Become Current
Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140. If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems? Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
I-140 Revoked By Last Employer
I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date. Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?

Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.

Do jobs have to be same or similar when I port my priority date?
1. I'm on H-1 visa and on my 8 th year …visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager…and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and….how that thing impact my situation. 2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
Change of Status to H-4 - effect on priority date; maternity leave on H-1
1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

Getting married when AOS I-485 is pending (following to join and other options)
My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Difference between I-140 withdrawn and revoked
I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/Gl2WiBEALtk?t=273

FAQ Transcript:

What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer
What is I-485 Pre-adjudicate/Pre-adjudication? How soon must I join my future green card employer? Situation - I have my EB2 India PD as March, 2008. I applied for I-485 in Oct 2014 (Future based GC application). My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/1QbgUmUUJvc?t=402

FAQ Transcript:

Question: What is I-485 Pre-adjudicate/Pre-adjudication?

How to Calculate Dates from Visa Bulletin
How can I calculate my sister's possible visa interview? I am confused with these changes on final action date etc.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/1QbgUmUUJvc?t=80 

No loss of priority date if employer revokes I-140; Green card through future employer
I have my perm labor and I-140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY I-140. I heard from your last conference call that i will be loosing my priority if I-140 is revoked by employer.I am close to 5th year of H-1. so cant take chances. If I move to FT position in the next 6 months and say my current employer revokes I-140. I will not be able to get extension for H-1 beyond 6 years.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.   

https://youtu.be/H_VV9kV_lOg?t=688

Priority date loss upon revocation of I-140
1) Is there any difference between I-140 revoked by employer - vs - I-140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ? 2) Changing from Employer A to Employer B - If Employer B files the PERM before I-140 by employer A is revoked by the employer A - would that help retain the PD corresponding I-140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I-140 approval ?

As far as we know, USCIS has once again revered its position and has stated that priority dates will be retained if the revocation is based upon an employer's request.  See: the blog entry here

Priority date port and multiple I-485/AOS petitions
I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/OMuYdzLJ2qQ?t=1436

FAQ Transcript:

Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Retaining PD
Approved I-140 having PD December 2012 with company A. Currently on 6 year H-1B. Will be transferred to company B. I guess I will be getting three year extension with approved I-140. Can I retain old PD once GC process is started by company B, even if company A withdraw I-140 ?.

Employees retain PD even if the o