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Retain Priority Date After Internal Job Transfer ?

Discussion in 'I-140 job portability' started by neokronic, Jun 1, 2016.

  1. neokronic

    neokronic New Member

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    Hello there,



    I am in a dilemma right now and would like to seek the advice/expertise of the fellow members or experienced folks here. I have an approved I-140 with 3 years remaining on my H1b visa.



    However, I am in the midst of interviewing for different role at the same company and seeking an internal transfer if everything comes out well. I wanted to understand, under what circumstances, can I retain my Priority Date? Does that mean I have to apply a NEW PERM again and go through the entire process of labor, PERM, job posting, I-140 application ? or just file an adjustment or amendment to existing I-140? the job location is going to be the same but the job description and the title are going to change. Under what circumstances will i lose my priority date if i end up filing a NEW I-140 application

    I cannot talk to our corp lawyer at this point as I am still pursuing the internal transfer and I dont know for 100% that I will get the job.

    Any advice is appreciated. Thanks !
     
  2. DonDraper

    DonDraper Guru

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    you can always retain priority date as long as i-140 is not revoked for fraud. you would have to restart the perm if the job description for new position is significantly different from old position.
     

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