Priority Date Retention When Changing Employers: Preserve EB Timeline
Workers with an approved I-140 in EB‑1, EB‑2, or EB‑3 can often retain their original priority date when…
Priya Nair is VisaVerge.com's Work Visa Correspondent, specializing in employment-based immigration — H-1B, L-1, O-1, TN, OPT, and the PERM and green-card process. She breaks down lottery odds, prevailing-wage rules, and employer obligations for the skilled professionals who navigate them every year. Priya's guides help workers and employers make confident, well-informed decisions about building a career in the United States.
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Workers with an approved I-140 in EB‑1, EB‑2, or EB‑3 can often retain their original priority date when…
A change of employer by the H-1B spouse does not automatically cancel an H-4 EAD; the EAD’s validity…
Moving from H-1B to H-4 preserves legal status during employment gaps. File Form I-539 with supporting documents and…
As of October 30, 2025 DHS removed the 540‑day automatic EAD extension for H‑4 renewals. Work authorization ends…
Transitioning from H‑4 to H‑1B requires a sponsoring employer, an approved LCA, and usually lottery selection. File Form…
Benched H‑1B workers remain employed but may lack work; employers must pay the LCA wage. Preserve paystubs and…
After an I-140 approval or I-485 pending for 180 days, workers gain strong protections: employers generally cannot force…
A PERM denial requires employer action: request reconsideration within 30 days, appeal to BALCA, or refile a new…
AC21 lets employment-based applicants port their green card if I-485 has been pending 180 days, I-140 is approved…
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