Porting I140 Priority date Eb2 Category

[red423]

Hello,

Here is my situation:

I have a I140 under EB2 category approved with a priority date of September 26,2007.

I switched my job recently and my new employer is filing my labor in the next 1 month. But here the lawyer says the labor will take 8 months with PERM. (some company rules).

Question

--------

Lets say my labor(+perm) gets approved on January 10,2012.

And the USCIS website shows the EB2 current date as March 2008 (now it is April 15,2007).

When my company files for new I140 with a copy of my previous I140(with priority date September 26, 2007). Would I be able to port that date onto my new I140 ? or since the current date on USCIS is now March 2008, and my previous PD is September 26,2007 I will loose that date and get a new PD of some date in 2012?

Appreciate your response.

Thanks

KRS

[redgreenbluee]

please consult a lawyer.

you can still port your old PD even if visa bulletin dates is current for your old PD.

Originally posted by red423:

Hello,

Here is my situation:

I have a I140 under EB2 category approved with a priority date of September 26,2007.

I switched my job recently and my new employer is filing my labor in the next 1 month. But here the lawyer says the labor will take 8 months with PERM. (some company rules).

Question

--------

Lets say my labor(+perm) gets approved on January 10,2012.

And the USCIS website shows the EB2 current date as March 2008 (now it is April 15,2007).

When my company files for new I140 with a copy of my previous I140(with priority date September 26, 2007). Would I be able to port that date onto my new I140 ? or since the current date on USCIS is now March 2008, and my previous PD is September 26,2007 I will loose that date and get a new PD of some date in 2012?

Appreciate your response.

Thanks

KRS

[red423]

Thank You for the reply. I had a chance to talk to my lawyer. He mentioned I can take on the Priority Date as long as it is not revoked.

Thank You

KRS

[Attorney_15]

The law provides that a priority date transfers as long as the I-140 petition is not revoked. In current guidance publicly available from USCIS, it is stated that priority date transfers are possible even if the I-140 is revoked so long as it is not revoked for fraud or misrepresentation.

[red423]

Thank Sir.

[boomjosh2007]

My I-140 was approved on Feb 2011 with my current employer. Now I want to change my employer since I got a full time job. Do I need to have at least 180 days past my I-140 approval to be able to port the priority date or there is no such rule. Please assist.

[boomjosh2007]

Originally posted by Murthy Law Firm Attorney 15:

The law provides that a priority date transfers as long as the I-140 petition is not revoked. In current guidance publicly available from USCIS, it is stated that priority date transfers are possible even if the I-140 is revoked so long as it is not revoked for fraud or misrepresentation.

My I-140 was approved on Feb 2011 with my current employer. Now I want to change my employer since I got a full time job. Do I need to have at least 180 days past my I-140 approval to be able to port the priority date or there is no such rule.

[kapslock]

Guyz ,

I am also at a stage where i140 is approved and have a PD of feb 08. I have a great offer from another company. Has anybody successfuly ported their date to the new company??

I keep reading mixed messages