flyby001 Posted October 31, 2011 Report Share Posted October 31, 2011 Hi all. Good afternoon. My ex employer has filed my PERM under EB2 and subsequently the 140 which was approved. The priority date is Nov 09. My present employer has filed my perm but under EB3 which has also expired. I have mean time got a 3 year extension on my H1 and also on the visa. According to the dates moment I could become current in Aug 13. If my employer files my PERM and thereafter the 140 after Aug 13, can I still take advantage of the perm filed by my previous employer to port my priority date. A sound answer would be very much appreciated. Thanks Link to comment
flyby001 Posted November 1, 2011 Author Report Share Posted November 1, 2011 Can someone please answer my question. Thanks. Link to comment
anothersoul Posted November 1, 2011 Report Share Posted November 1, 2011 The new employer can start the PERM process. Upon Labor certification, while filing for I-140 it can be requested to port the priority date on the approved I-140. You are eligible to retain the priority date as long as the approved I-140 is not revoked for fraud. Link to comment
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