Can the priority date remains the same ?

[kashif007]

Hi

I have another question just out of curiosity. Lets say I worked for a company "A" and I got my I-140 approved by company "A" and there is some priority date "x" given to me. After a while I got a better billing offer from company "B" and I transfered my H1 from company "A" to company "B". Now that I am no longer with company "A" I start a fresh GC processing with company "B". Assume that after a while I get another approved I-140 from company "B".

I would like to know if the priority date on the approved I-140 of Company "A" will be the same as the priority date of the approved I-140 of the company "B". I heard from one of my friends that the Priority date belong to the applicant and not the company. Is this statement correct. Please correct me if I am wrong.

Thanks

[kashif007]

can the priority date remain same if GC is re-applied ?

Please some one help me with this question ?

[txh1b]

It is not automatically transferred over to B. The lawyer has to request the PD capture with the new company and the person can retain the old PD.

[kashif007]

Thank you so much.

[kashif007]

I had another confusion with regards to the following post of "Capturing the Priority Date". The concern is that even if I capture my PD with the help of an attorney does my next GC processing need to be from the same state as my previous employer. Can I not use my PD with the employer belonging to any state or any of the four service centers for I-140 (Nebraska, Texas, California and Vermont).

To be more elaborate, Lets say I worked for a company "A" and I got my I-140 approved by company "A" (which is in New Jersey state) and there is some priority date "x" given to me. After a while I got a better billing offer from company "B" (which is either in Illinois or California) and I immediately get my PD capture with the help of an attorney. I transfer my H1 from company "A" to company "B". Now that I am no longer with company "A" I start a fresh GC processing with company "B". Assume that after a while if I get another approved I-140 from company "B" which is in Illinois or California state and not New Jersey, can I use the same captured PD.

Please advice what would be the best option for my scenario. Thanks for the help in advance.

[DMX17]

PD has nothing to do with which state your job is in.

PD capture happens. You apply for I-485 whenever your turn comes with the I-140 you want to base your adjustment of status on. This would be the new I-140 with old captured PD.