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My priority date is current, but can i wait for more than 1 year to file 485

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  • My priority date is current, but can i wait for more than 1 year to file 485

    Hello,

    I have my green card filed with Company A. I moved to Company B. Now my priority date with Company A is current.

    As my Company B just started the PERM process I'm planning to stay with Company B. If my Company B - Prevailing Wage Determination and PERM process takes more than 1 year, will I be able to still have the same priority date of Company A when I file my I-140/I-485 with Company B.



    Thanks!

  • #2
    Hi,
    Can you please tell, what petition did you file with company A? Did you file I-485(Adjustment of status petition)?
    You can recapture priority date anytime when you file new Immigrant petition with new employer.
    Thanks

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    • #3
      I have approved I-140 with company A. I haven't filed I-485 yet because my priority date was not current when I left company A. Now my priority date is current, but my company B just started my PERM process. So the current PERM process with company B might take more than 1 year. So I'm worried if I lose my priority date if its after 1 year from now as my priority date is current now.

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