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Time Limit For Applying I-140 After Perm Approval

Discussion in 'AC 21 I-140 Portability' started by eb33eb2waitforever, May 26, 2015.

  1. eb33eb2waitforever

    eb33eb2waitforever New Member

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    Hi Ron,

    I have an approved I-140 from my current employer. I am in 9th year of my H1B and got couple of extensions already after completing 6 years on my H1b. But the category I am in right now is EB3. My priority date is Feb 2011.

    I am actually working full time and happy with the job, just that it is hard to get EB2 porting done with the same employer. So I found another company which is ready to start my GC in EB2 (as a future employee). So my plan is to ask them to apply for PERM and I-140. Only when Eb2 moves to Feb 2011, I plan to join that company and apply for I-485.

    Here is the question I have : is there a time limit for applying I-140 after PERM is approved? Or can we wait for applying I-140 after PERM approval (lets say couple of years)? I need to know this to decide when to start the processing.

    Please let me know. Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes there is a time limit. An I-140 must be filed within 180 days of the PERM approval date.
     
    eb33eb2waitforever likes this.
  3. eb33eb2waitforever

    eb33eb2waitforever New Member

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    Hey Ron,

    Can I retain my priority date or port to my feb 2011 date (which I have from current EB3 approved I-140), if another company starts another green card process as future employee and I get Perm and I-140 approved?


    Now that we are hearing that there are chances that uscis may not allow retaining priority date if old employer revokes i-140, I am thinking it is better to make sure that porting happens first before I move to the future green card sponsoring company.

    Please let me know if this is okay.

    Thanks.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they change their policy, which I doubt, it won't matter. Even if you have already gotten a new I-140 approved, they will strip away the old PD.
     

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