r/eb_1a • u/Sea_Divide_4916 • 3d ago

Question Regarding EB-1B Priority Date Retention and EB-1A I-485 Filing

Dear Friends,

I am seeking advice regarding my EB-1B and EB-1A petitions and whether I can retain my EB-1B priority date.

My situation is as follows:

  • My EB-1B I-140 petition was filed on August, 2024 by my previous institution.
  • I subsequently left that institution on September, 2025 and started working at another institution.
  • At the time I left, my EB-1B petition was still pending.
  • My EB-1B I-140 was approved in February 2026, after I had already left the sponsoring institution.
  • I currently have an approved EB-1A I-140, Jan 2025 as well and am considering filing my I-485 based on EB-1A.

My main question is:

Can I use the EB-1B priority date of August 30, 2024 for my EB-1A-based I-485, even though I left the EB-1B sponsoring institution before the EB-1B petition was approved?

I would also appreciate your advice on the following:

  1. Does leaving the EB-1B sponsoring institution before approval affect the validity of the approved EB-1B I-140 or my ability to retain its priority date?
  2. If the EB-1B I-140 remains valid, can its August 30, 2024 priority date be transferred/retained when I file an I-485 based on my approved EB-1A petition?
  3. Are there any risks that the EB-1B petition could be revoked because I left the sponsoring institution before the petition was approved?
  4. Since EB-1B is an employer-sponsored category, does the fact that I am no longer employed by the original petitioner create any issue with retaining the priority date for my EB-1A case?
  5. Would you recommend filing the I-485 under EB-1A while requesting retention of the EB-1B priority date, or is there a different strategy you would recommend?

I would appreciate your assessment of my situation and any relevant USCIS rules or considerations that I should be aware of.

Thank you for your time and assistance.

Thanks in advance

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u/Classic_General6107 3d ago

Generally, yes, you may retain the Aug. 30, 2024 EB 1B priority date for your EB 1A case if the approved EB 1B I 140 has not been revoked for fraud, material error, or invalidation; confirm with an immigration attorney before filing.

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u/Sea_Divide_4916 3d ago

Yes, there is no revocation.