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Retaining Pd In A Non-similar Field

Discussion in 'Nonimmigrant Visa Validity' started by eb2niw, Jul 6, 2015.

  1. eb2niw

    eb2niw Junior Member

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    Hi Ron:

    I understand that under current rules, upon switching jobs, the whole PERM process has to be restarted, and that applicant can retain his/her priority date once i140 is approved. Can the priority date be retained even if the switch is not in the same/similar field?

    Thanks
     
  2. DonDraper

    DonDraper Guru

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    mostly no
     
  3. eb2niw

    eb2niw Junior Member

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    Thanks.

    Ron, could you please confirm?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it can. Once a priority date is established, unless the petition is revoked for fraud or mistake, the beneficiary gets to keep it for any subsequently approved I-140, even if the jobs are totally different.
     
  5. eb2niw

    eb2niw Junior Member

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    Thank you very much Ron. Is this true even if the previous employer withdraws/revokes the approved i140 (due to my resignation)?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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