I-140 Approved + PD portable?

[xdesi]

First of all big thank you to all moderators and members for providing such a valuable service.

Status

I have my I-140 approved but I-485 not filed as my PD is not current. I would appreciate if I can get some help with the following questions.

1. Do I need to start the whole GC process (including labor) at my new company?

2. Can I carry carry my PD to new company?

3. What happens to my current I-140? Can it be revoked once I leave company? And if so will I loose my PD?

Thanks

[pontevecchio]

1. Yes. It depends on whether you intend to work for the first company in the long term or not.

2. The PD remains available to you.

3. Yes and in the absence of fraud the PD can be retained for any EB class.

[xdesi]

Thanks for your response. My PD is in Dec 2008.

Do you know how long the new GC process takes?

If by the time my labor gets approved if my PD is current can I file I-140 and I-485 concurrently?

[xdesi]

I see different views regarding what happens if my current employer revokes/cancels my current I-140.

1. Is it possible?

2. In that case what happens to my PD? Even after my current employer cancels can I still use my current PD if I have a copy of old approved I-140?

[Attorney_15]

The regulation governing the transfer of priority dates makes no distinction between types of revocation that ends the possibility of transferring a priority date. USCIS however interprets the language of the rule as meaning that priority dates do not transfer only when the revocation is due to fraud or misrepresentation.