First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Its been a long journey that started with completion of masters (F1) visa and today receiving green card (GC). I have been with Rajiv ji and his team since the beginning of my immigration journey (F1(OPT) -> H1 -> H1 Ext.-> Perm -> I140 -> I765 -> I485).
As said by everyone else here in the guestbook i also concur with all the things.
Firstly, they know what they are doing and are best at it. They have a solid knowledge about all the immigration rules, jargon, what can cause potential problem in future and how to handle the complexities a case has.
Secondly, very professional, prompt replies and free consultations. One thing that i liked is that they all are very easy to reach including Rajiv ji itself and that helps a lot in calming down the immigration anxieties of clients.
Best wishes to you and your team.