I140 Priority Date Porting

[srini6us]

Dear Listers,

I have an apporved I140 with priority date of June 2010 with employer A. Now I am working with employer B. Employer B is filing I140 want to port the priority date of June 2010 from I140 approved with employer A.

- Does the USCIS cancels the I140 from employer A since they approved I140 from employer B and ported the priority date.

- If porting is successful, will there be any other problems from USCIS for I140 approved from employer A. Employer A wants to retain I140 approved from them.

Thanks in advance.

[JoeF]

What does A want to do with the I-140? It can't be used for anybody else...

[srini6us]

Hi JoeF,

Thanks for responding. I joined with Employer B since Employer B doesn't want to continue my contract position through the Employer A (vendor). Eventhough Employer B started my greencard they have the tendency to remove the employees due to budget constraints during bad times.

Based on my performance and employment history with Employer A, they want to keep the I140 valid so that I can join back with them if the above situation arise.

[kishku]

If my limited knowledge and information gathered is correct, your employer A can continue with the I-140 which got approved. I-140 is for employer and he can continue with that for GC process for a future employment offered to you.

Parallely your I-140 process with employer B can also continue seperately.

So even in the worst case of you getting laid out by employer B, you can join back with employer A and make use of your I-140.

Don't take my piece of reply in final and please do consult a qualified lawyer for final confirmation.