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I140 Portability

Discussion in 'AC 21 I-140 Portability' started by Sam4919, Sep 21, 2015.

  1. Sam4919

    Sam4919 New Member

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    Hi, I'm currently on H1b and my I140 is approved in 2013 (EB2) with my current employer. Now, I'm planning to join a new employer and they are ready to process my H1b/GC. My current employer is going to revoke my I140 once I leave them, Can I port my I140 dates for future and I heard once your I140 is approved for 3 years and we are eligible to port the PD even if the employer revokes the I40, is that right?

    Thanks
     
  2. DonDraper

    DonDraper Guru

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    You can port your priority date but there is no rule as of today about the ability to port the date after 3 years
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should consider premium processing if the current employer is going to withdraw their I-140.
     
  4. Sam4919

    Sam4919 New Member

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    Thank you for responding.

    I think the new company has to file Labor for green card (PERM) seperately other than the Labor filed for H1b? and the labor can take upto 6 to 8 months. If we can port the previous dates and the new I140 will show ported dates (dates from 2013)?

    Thanks!
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Right now, you need to concentrate on getting your H1B petition approved before your old employer revokes their I-140. No matter what the old company does, you are always entitled to the priority date established by their petition.
     
    R_S likes this.
  6. Sam4919

    Sam4919 New Member

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    I got my H1B transferred successfully to my new employer. But the new company says we cannot port the date once my current employer revokes I140 and can only port dates if the I140 is approved atleast for 3 years before revoked. Do you have anything from USCIS which says we can port the date even if the employer revokes? I've researched online but didn't find any.
     
  7. cuckoo

    cuckoo Super Moderator

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    You can port the date. There is no three year rule. The only time you can port the date is if your i140 is revoked for fraud
     

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