Reg filing I-140 and porting date with other employer


avayalm1

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Hello,

I have my GC Labor approved with my present employer (desi consulting) and he will be filing my I-140 sometime in future.

But I have a full time offer which I have accepted and they have transferred my H1.

So my H1 is with my new employer and now I have to give my 2 weeks’ notice to my present employer.

My new employer will not process my GC until one year and this might get extended.

But as my labor is approved I am thinking to process my I -140 with my current employer, I am not sure if he will process after I give my notice so I am thinking to press him to apply for I-140 sometime this week.

My thought is if this I-140 gets approved, I want to port this date when my new employer files my GC.

I want to do this in order to save time in getting my GC.

So my queries are

Is it ok if my present employer files my I-140 now (as I am not on his H1 but I am on his payroll?)

I will give my notice in a week’s time so when my I-140 is under processing and I join a new company, can I port the date once it’s approved?

If he doesn’t apply my I-140 now can he do it sometime later after I leave?

Is it definitely required to have a copy of the approved I-140 to port the date?

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