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Porting of Priority Date with new employer

Discussion in 'I-140 petitions' started by gcseeker8, Apr 17, 2012.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. PAWANSAGAR2000

    PAWANSAGAR2000 Junior Member

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    I am getting mixed responses from different sources on my question, so I am hoping I will get some meaningful help here. If my old employer withdraws my approved I-140 before my new employer files for one, do I still get to keep my priority date and port it when the date gets current with my new employer's I-140. Some sources have been saying that I cant and only way to port the date to the new I-140 is if the new employer files for I-140 before the old employer withdraws its I-140. Can I get some help on this question here?
     
  3. Pseetha

    Pseetha New Member

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    @ron, based on 205.1 (a)(3)(iii)(D) it says if employer is out of business, i 140 can be revoked automatically. Even then, I can carry the PD? Since it covers the eb2 clause too in it
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You get to keep the PD no matter what. If the sponsoring company goes out of business earlier than 180 days after filing for adjustment of status, you're going to need a new PERM and I-140
     
  5. Rahul Raina

    Rahul Raina New Member

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    In my case, my previous employer filed my I-140 after my current employer filed my PERM. I-140 filed by my previous employer got approved. The PERM filed by my current employer also got approved. Now, my current employer is in the stage of filing I-140. Can I retain priority date from the approved I-140 petition my previous employer filed? In my case, Alien Registration number on the PERM filed by my current employer was left as "N/A" because I had no I-140 when the PERM was filed. Can I still retain the priority date?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, you can. Don't worry about the priority date shown on the I-140 approval notice. When you file for AOS,
     

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