Priority Date Retention and the Visa Bulletin

Updated 2026-10-214 min readNot legal advice in W X

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You usually keep your priority date when you switch employers, as long as your I-140 was approved. The main exceptions are revocation for fraud, material error or a problem with the labor certification. Your priority date is your place in the green card line.

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How your priority date is set

For PERM cases, it is the date the Labor Department accepted your PERM application.

For cases without PERM, it is the date USCIS receives your complete, signed I-140 with the right fee.

The State Department uses this date to set your place in the visa queue.

Why there is a line

The US gives out about 140,000 employment-based green cards a year, with a 7% per-country cap, according to Al Jazeera.

Visas are charged to your country of chargeability, usually your country of birth. Oversubscribed countries get their own cut-off dates.

Al Jazeera reports about one million Indians on work visas are in the employment-based backlog.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

How to read the visa bulletin

The State Department publishes a Visa Bulletin each month. Each employment category has two charts.

Final Action Dates: when a green card can actually be approved.
Dates for Filing: when you may be able to file your I-485 early.
"C" means current, with no cut-off for that category and country.
"U" means visas are temporarily unavailable.

Which chart applies

Your date is current when it is earlier than the cut-off for your category and country.

USCIS uses Final Action Dates unless it announces that Dates for Filing apply that month. Check the USCIS filing charts page each month.

Dates can also move backward. This is called retrogression. It usually happens when a category nears its annual limit.

Where the line stood in October 2026

Final action dates in the October 2026 Visa Bulletin. USCIS let applicants use the Dates for Filing chart that month. Check the current bulletin before you act.

EB-2 India: November 1, 2013. EB-3 India: January 1, 2014.
EB-2 China: October 1, 2021. EB-3 China: January 8, 2022.
EB-2 most other countries: January 1, 2025. EB-3 most other countries: May 15, 2024.
EB-1 is current for most countries, but February 1, 2023 for India and July 1, 2023 for China.

Keeping your date when you switch employers

Under 8 CFR 204.5(e), an approved EB-1, EB-2 or EB-3 I-140 gives you its priority date for later petitions in those categories.

With several approved petitions, you get the earliest date. A priority date cannot be transferred to another person.

So a new employer files a new PERM and I-140, and you keep your old date for the new case.

You lose the date if the I-140 is revoked for fraud or willful misrepresentation.
You lose it if the Labor Department revokes the PERM, or USCIS or State invalidates it.
You lose it if USCIS finds the approval was based on a material error.
A denied petition never creates a priority date.

Moving from L-1A with an EB-1C case

The retention rule covers EB-1 too. If your EB-1 I-140 was approved, you can keep its priority date for a later EB-1, EB-2 or EB-3 petition.

Two practical issues come up. L-1 status is tied to your employer, so a new employer usually needs another status, such as H-1B, which may need a lottery selection.

EB-1C also requires the new employer to be a multinational you worked for abroad. So many people move to an EB-2 or EB-3 PERM case at the new employer and carry the EB-1 date.

If your EB-1 I-140 was never approved, or was withdrawn within 180 days of approval, there is no date to keep.

Upgrading or downgrading between EB-2 and EB-3

Both are possible, and your priority date can come with you.

Upgrade: if the job requires an advanced degree or equivalent, your employer files a new EB-2 I-140, often after a new PERM. Your earlier date carries over once approved.

Downgrade: when EB-3 moves faster, as it did for India in October 2026, your employer can file a new EB-3 I-140. Law firms report USCIS accepts the same certified PERM for the same employer and job.

Downgrades are not available for NIW cases, which have no PERM. Ask your employer's lawyer before filing, since timing affects whether you can file the I-485.

The 180-day point

An I-140 withdrawn by the employer within 180 days of approval is automatically revoked. That can end retention.

After 180 days, withdrawal or business closure does not automatically revoke it. It remains approved for retention purposes.

If you can, wait until your I-140 has been approved 180 days before changing jobs.

An example

Say your first employer filed PERM in March 2019, and your I-140 was approved. You later move to a new employer.

The new employer files a new PERM and I-140 for the new job. Once that I-140 is approved, your priority date stays March 2019.

You then watch the bulletin for your category and country, using that 2019 date.

Do not miss your window

When your date becomes current, file promptly. If you do not file within one year, you can lose H-1B extensions based on a 365-day-old PERM or I-140.

Also check your next employer before you move. As of October 2026, PERM filings are frozen for eight employers. A frozen employer cannot start the new PERM that carries your date.

Our /h1b-sponsors page flags employers with frozen green card filings. Use /h1b-jobs to find roles at employers still filing.

This article is general information, not legal advice. Confirm your situation with an immigration attorney before you act.

Questions

Do I lose my priority date if I change jobs?

Usually not. An approved I-140 gives you its date for later EB-1, EB-2 or EB-3 petitions, unless revoked for fraud, material error or labor certification problems.

What is the difference between Final Action Dates and Dates for Filing?

Final Action Dates show when a green card can be approved. Dates for Filing show when you may file early, if USCIS allows that chart.

What does retrogression mean?

A cut-off date moves backward, usually when a category nears its annual limit.

Can I move my priority date from EB-3 to EB-2?

The rule lets an approved petition's date carry to later petitions in EB-1, EB-2 or EB-3. Ask an attorney about your case.

Do I keep my EB-1 priority date if I leave my L-1A employer?

Yes, if the EB-1 I-140 was approved and not revoked for fraud, material error or a labor certification problem. Your new employer files its own petition, often EB-2 or EB-3, and you keep the earlier date.

Can an EB-3 case be upgraded to EB-2?

Yes, if the job requires an advanced degree or equivalent. The employer files a new EB-2 I-140, often with a new PERM, and your earlier priority date carries over.

Can I downgrade from EB-2 to EB-3?

Yes. Your employer can file a new EB-3 I-140, often using the same certified PERM for the same job, and you keep your priority date.