Priority date retention and I-485 portability
Three dates decide what an employer's withdrawal costs and when a job can change. Enter the ones you have; the rules do the rest.
Common questions
Do I keep my priority date if my employer withdraws the I-140?
Under 8 CFR 204.5(e)(1) the priority date of an approved I-140 is retained for a later EB-1, EB-2 or EB-3 petition unless USCIS revoked the approval for fraud, willful misrepresentation, material error, or an invalidated labor certification. Since the rule that took effect January 17, 2017, an employer's withdrawal or closure does not cost the beneficiary the date.
What does 180 days after approval change?
8 CFR 205.1(a)(3)(iii)(C) and (D): a withdrawal or the employer's closure 180 days or more after the I-140 was approved, or after an I-485 based on it was filed, no longer revokes the approval automatically. Inside 180 days it does, which matters for extensions and for using the I-140 as the basis of a pending I-485, not for the priority date.
When can I change employers on a pending I-485?
INA 204(j) and 8 CFR 245.25: once the I-485 has been pending 180 days, it may be approved on a new offer in the same or a similar occupation, filed on Form I-485 Supplement J. Whether the new job is same or similar is USCIS's determination.
Is this legal advice?
No. The dates are arithmetic on what you enter and the regulation each rule comes from. A revocation's reason, a job's similarity and the effect of prior filings are for the attorney handling the case.