Porting priority Date when previous I140 is revoked.

[sahas.hey]

Can we port the priority date

I am looking to switch company who gonna file my GC. On the day i am going to resign my employer(company A) will revoke my I140.

1. My EB3 prioirty is Jan 2008. Can i port this after filing through new employer even after Company A revokes my I140...

2. My H1b 6th Year with 3 years is filed just now based on approved 140 by employer A. If i move to a new employer and my company A revokes 140 then will there be any problems to H1b filed by Company B.

[sahas.hey]

Priority of EB3 -> Jan 2008

I485 did not file.. I140 approved in 2008..

Current extension applied with approved 140 and entering sixth year after March 2012....

1. My EB3 prioirty is Jan 2008. Can i port this after filing through new employer even after Company A revokes my I140...

2. My H1b 6th Year extension is filed just now based on approved 140 by employer A. If i move to a new employer and my company A revokes 140 then will there be any problems to H1b filed by Company B.

[schintala]

1. Yes. You can port the PD to new employer even your old employer revokes the approved I140 petition, provided it is not fradulent.

2. If the H1B extention filed already with old employer, If I were u I'll wait for approval to move on to new employer. I am not sure, how it works if you already moved on it and I140 is revoked. You can always have H1 transfer to another emplyer with approved I140 from different employer.

[Live4GC]

Any comments on

1) When does the approved I140 expire ? Does it expire at all ? Or it expires after the date becomes current ?

2) If the employer does not revoke appoved I140 in the first 6 months, then he can never revoke it. Is this true ?

[Attorney_15]

The regulation that governs porting of priority dates states that it does not transfer when the I-140 is revoked. The regulation itself makes no distinction as to how it was revoked. It is only in guidance issued by USCIS that states the priority date can transfer so long as it is not revoked for fraud or misrepresentation.

[Live4GC]

Any comments on

1) When does the approved I140 expire ? Does it expire at all ? Or it expires after the date becomes current ?