I140 porting to new employer from old Employer.

[vejandla]

all,

I have applied for I140 with my previous employer on Feb 24th, 2011 and I started employment with my new employer on April 25th, 2011 and my I140 got approved on May 25th, 2011.

I know, that my previous employer did not revoke my I140. In this case, can I transfer/Port the date when my new employer starts my perm process?

[From some one, I heard that I need to be with my previous employer after he applied for my I140. But, i was with him for only 2 months .. This is what kept me in confusion.]

FYI, My responsibilities are slightly changed from my previous employer to new employer ?

So considering all the above cases, Can i still transfer/Port my I140 to new employer?

Thanks

[pontevecchio]

That someone was wrong. ANY EB class to any EB class gets to retain the PD as of now.

[binayak9@yahoo.co.in]

Hi,

Here is my observation.

- Technically you can change your employer and port your PD date to your new employer as long as i-140 is not revoked.

[vejandla]

@Binayak Is there a way that we can find out whether he revoked my I140 or not, I have my SRC number

lastly, can we find out the Category he applied my green card from the online web system ?

[pontevecchio]

UNLESS the I-140 is revoked for fraud the PD is available as of this moment in time. Please discuss the matter with your Lawyer.

[karthik_subbu]

Hi,

I heard on various forums that PD cannot be ported if the previously approved I140 is revoked/cancelled. Earlier my understanding was that the PD could be ported as long as the previously approved I140 was not cancelled/revoked due to fraud or wilful misrepresentation.

Is this true?

[pontevecchio]

@subbu

Please talk to your Lawyer about your specifics.

[cowboys26]

UNLESS the I-140 is revoked for fraud the PD is available as of this moment in time. Please discuss the matter with your Lawyer.

Ponte

It looks like USCIS have changed their minds on this... If the i140 is revoked by the previous employer (for any reason and not necessarily fraud) the i140 and thus the priority date seems to be gone..previously you could keep the PD even if the employer revoked the i140 (except when its fraud) . I heard this from a famous immigration attorney.