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Can the priority date remains the same ?

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  • Can the priority date remains the same ?

    Hi

    I have another question just out of curiosity. Lets say I worked for a company "A" and I got my I-140 approved by company "A" and there is some priority date "x" given to me. After a while I got a better billing offer from company "B" and I transfered my H1 from company "A" to company "B". Now that I am no longer with company "A" I start a fresh GC processing with company "B". Assume that after a while I get another approved I-140 from company "B".

    I would like to know if the priority date on the approved I-140 of Company "A" will be the same as the priority date of the approved I-140 of the company "B". I heard from one of my friends that the Priority date belong to the applicant and not the company. Is this statement correct. Please correct me if I am wrong.

    Thanks

  • #2
    can the priority date remain same if GC is re-applied ?

    Please some one help me with this question ?

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    • #3
      It is not automatically transferred over to B. The lawyer has to request the PD capture with the new company and the person can retain the old PD.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        Thank you so much.

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        • #5
          I had another confusion with regards to the following post of "Capturing the Priority Date". The concern is that even if I capture my PD with the help of an attorney does my next GC processing need to be from the same state as my previous employer. Can I not use my PD with the employer belonging to any state or any of the four service centers for I-140 (Nebraska, Texas, California and Vermont).

          To be more elaborate, Lets say I worked for a company "A" and I got my I-140 approved by company "A" (which is in New Jersey state) and there is some priority date "x" given to me. After a while I got a better billing offer from company "B" (which is either in Illinois or California) and I immediately get my PD capture with the help of an attorney. I transfer my H1 from company "A" to company "B". Now that I am no longer with company "A" I start a fresh GC processing with company "B". Assume that after a while if I get another approved I-140 from company "B" which is in Illinois or California state and not New Jersey, can I use the same captured PD.

          Please advice what would be the best option for my scenario. Thanks for the help in advance.

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          • #6
            PD has nothing to do with which state your job is in.

            PD capture happens. You apply for I-485 whenever your turn comes with the I-140 you want to base your adjustment of status on. This would be the new I-140 with old captured PD.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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