Priority data can be used after I-140 cancellation

[sachi_flower]

I am H1b with I-140 approved thinking to transfer my H1. My employer told me that If I will move to any new employer its going to Cancel my I-140 so I wont be getting same priority date of approved I-140. Is this right that after cancellation of approved I-140 we can not use same priroity date?

[kalvel]

Might or might not. Its gray area in LAW. Law says as long as the reason for cancel is criminal related, it would transfer. But no guarantee.

[pontevecchio]

USUALLY AND GENERALLY it has been USCIS Practise UNTIL NOW to allow retention of priority dates of a previously approved I-140 for a future I-140 in whichever field in the absence of fraud. Please discuss your specifics with a Lawyer before taking any irrevocable step.

[thiyagu_sundaram]

Hello,

I'm the victim of this situation. I got my I-140 approved in 2006 and changed employer thinking I can use 2006 as PD but guess what by the time I got new employer I-140 approval the older one was revoked and I lost 4 yrs and stuck with the new PD of 2010. If it's possible to stay with the original employer until you get your ED is advisable.

Don't make decisions emotionally or thinking you are going to get better salary, sleepless night you are going to spend regret this won't worth it.

Good luck.

[thiyagu_sundaram]

Hello,

I'm the victim of this situation. I got my I-140 approved in 2006 and changed employer thinking I can use 2006 as PD but guess what by the time I got new employer I-140 approval the older one was revoked and I lost 4 yrs and stuck with the new PD of 2010. If it's possible to stay with the original employer until you get your ED is advisable.

Don't make decisions emotionally or thinking you are going to get better salary, sleepless night you are going to spend regret this won't worth it.

Good luck.

[h1b_ki_talash]

Ranjan,

What was the reason for I 140 denial?

Was that due to fraud or mis-representation?

Because, so I far I read on web and even talked to lawer and they say it is ok and you will get to keep your priority date.

Pls let me know, as I am planning to make a decision where I leave my current company with I 140 approved.

[sherlock2]

Have you attempted the porting of pd through your lawyer ?

Just asking because I am curious to know the reason why your portability process was not approved ?