Porting I-140 to the new employer in 2 months of approval


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Hello Team,

My I-140 got approved recently - Jan 30, 2019, and I received an offer from a new employer and looking for a switch.

[Considering the fact that I am moving to the new employer in 2 months of I-140 approval] 
May I please know if I switch to the new organization on March 15, 2019:

  • Can my previous employer revoke I-140?
  • If it is revoked before I initiate GC at the new employer, can I still use the previously approved priority date for an extension?

Please assist me on this.


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If an I-140 petitioner withdraws the I-140 petition within 180 days from the petition approval date, the approval is revoked automatically and there are generally no benefits to take from that petition. In this scenario, the beneficiary would not be eligible for transferring the priority date or getting extensions of H1B status beyond the 6 year limit.

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