I -140 employer change issue

[hellogcworld]

Hello members,

Here is some detail explanation about my situation.

I am currently in company A.
Company A has my LC approved. (12/30/2005)
Company A is also filing my I-140 now (regular process - they are not willing to file it in Premium).
I will be leaving company A in a month and joining company B.
Company B will be filing my LC and I-140 after 1 year.

I want to use this current priority date (12/30/05) for my next GC application from company B, otherwise I will be loosing priority date by almost 3 years.

So questions are -

1. Will company A cancel my I-140 once I leave company?

2. In this situation can I use priority date from company A and use it in my next GC application from company B? (once my LC and I-140 is approved at company B)

3. Should I inform my law firm at the time I am leaving company A, to preserve my LC and keep I-140 application active? Will they do so?

4. What is the best course of action for me?

Any recommended lawyers?

Thanks for your time.

[legalexpert]

(1) that's up to company A. they certainly are entitled to cancel.

(2) the priority date attaches to the company, not the beneficiary. that means company A can choose to use the priority date should they decide to substitute you with another beneficiary. you, however, are not entitled to it.

(3) see answer to (2).

(4) start the LC application all over again with company B. make sure your non-immigrant status does not expire before you can properly adjust status.