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Porting Of Priority Date

Discussion in 'AC 21 I-140 Portability' started by Ak_, Feb 1, 2016.

  1. Ak_

    Ak_ New Member

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    Hello experts,

    Could anyone please help with below situation.

    I am on H1B and here is my situation

    1) I have I140 approved under EB3 from Employer 1 (previous employer).
    2) With current employer (Employer 2), I have PERM approved under EB2 and I140 is under processing, filed in October 2015.

    I am thinking to accept fulltime position with the new employer. I have below questions related to porting of my priority date.

    1) In case, I get I140 approval with Employer 2 (current) and they revoke I140 ( They mentioned that they are going to revoke I140 if employee leaves them). Is there anyway to use I140 from previous employer (Employer 1) and port the priority date?

    2) In case, I140 is pending with Employer 2 and I leave, then based upon approved I140 from Employer 1, Can I port my priority date?

    Any directional help, would be a great help.
     
  2. Santy

    Santy Guru

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    You can port the date from your 1st employer(EB3) as long as that 140 has not been revoked for any fraud.
     
  3. Ak_

    Ak_ New Member

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    Thank you Santa for your reply. Is this true in case my I140 gets approved from current employer (Employer 2)?

    I heard at given point of time, only 1 I140 can be valid and approval of new I140 males previous I140 Null and Void?
     
  4. Santy

    Santy Guru

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    You can have unlimited number of approved 140s. You can use the 1st one to port the your priority date assuming that the 1st 140 is intact.
    Also, I am Santy... I wish I could become Santa and grant EAD/AP to everyone :)
     
  5. Ak_

    Ak_ New Member

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    Thank you very much Santy. Sorry for typo however this information is very helpful like Santa' basic characteristics :)
     
    Santy likes this.

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