Question on 140 transfer

[Sandy_14]

Is it mandatory to stay 6 months in current company once we get i140  to make priority date same?

 

Is there any way to transfer to diff company before 6 months and kept priority date same?

[Don_Draper]

7 minutes ago, Sandy_14 said:

Is it mandatory to stay 6 months in current company once we get i140  to make priority date same?

 

Is there any way to transfer to diff company before 6 months and kept priority date same?

I don't believe so. If they revoke your 140 pd is gone

[Sandy_14]

4 minutes ago, Don_Draper said:

I don't believe so. If they revoke your 140 pd is gone

I know after 6 months even current company revoke we can keep priority date. 

 

So if they dont revoke we can shift with in 6 months.

 

[acuman]

29 minutes ago, Sandy_14 said:

Is it mandatory to stay 6 months in current company once we get i140  to make priority date same?

 

Is there any way to transfer to diff company before 6 months and kept priority date same?

You can transfer i140 date before 6 months given that your old employer not revoking 140 after you transfer. If old employer revokes within 6 months after you transfer employment then your old Pd is gone. But, old employer can’t revoke your i140 after 6 months. After 6 months even you transfer the old employer can able to withdraw(not able to revoke) your 140.

If 140 is approved and completed 6 months then even withdrawn, you can claim all privileges came with AC21 stays same like H-1B extensions or H-4EADs without having new 140. If you want you can port your PD also even your old employer withdrawn your old140.

 

so, better to stay where ur 140 approved for at least  6 months. 

 

All info is here.

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

[Sandy_14]

37 minutes ago, acuman said:

You can transfer i140 date before 6 months given that your old employer not revoking 140 after you transfer. If old employer revokes within 6 months after you transfer employment then your old Pd is gone. But, old employer can’t revoke your i140 after 6 months. After 6 months even you transfer the old employer can able to withdraw(not able to revoke) your 140.

If 140 is approved and completed 6 months then even withdrawn, you can claim all privileges came with AC21 stays same like H-1B extensions or H-4EADs without having new 140. If you want you can port your PD also even your old employer withdrawn your old140.

 

so, better to stay where ur 140 approved for at least  6 months. 

 

All info is here.

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

Thank u