Retain priority date on location transfer immediately after I140 approval

Can Priority date be retained if same employer, same role but location change (H1B amendment, new LCA, new PERM process) initiated immediately after I140 approval? Is there a cooldown period (6months) before we could retain the PD?

Currently waiting for PERM approval and would like to know how to time the transfer/ move to new location

You can port the PD of approved I-140 to a new one, there is no cooldown period as such. The six month wait only applies in case you are planning to leave your current employer, you should do that after 180 days from I-140 approval so even if your employer withdraw your I-140 after you leave, you can still port your PD with new employer and use your I-140 for AC21 extensions.

You should only file a new PERM if you are going to be with your employer till the time your PD is current otherwise there is no point in re-filing I-140 as you may end up changing employer and if that happens the new employer will need to restart your PERM process.

PERM/GC is a future job so you don’t need to wait till your PERM is approved to move to a new location. You may move as soon as your H1B amendment is filed.

1 Like