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Silent_Boy

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I have an approved I-140, but I plan on leaving my employer and moving out of the U.S. for the time being. Can I still keep the same priority date if I return to the U.S. in a few years?

Answer

Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)

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If I have an approved I-140 and then leave the country, will I still be able to file my I-485 when the priority date becomes current?

Answer

If one in this situation is still being offered the same job by the I-140 sponsor, the case could be converted to “consular processing” by filing an I-824. One would apply for an immigrant visa at the U.S. consulate. (24.Jul.2017)

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