Can I port my EB2 priority date - I140 approved and changing employer...employer cheating case

[apulavarti]

Hi,

My situation is as follows..

I have I-140 approved under EB2 category with PD as Jan 3rd 2011 from my current company. I have I140 approval copy with me.

Now my employer is saying that they can't pay me prevailing wages given in my PERM (which is 35K more than what I am getting now) if I get GC. So to avoid paying these high amounts, my company is trying to find excuses and saying that the then lawyers filed your case incorrect and your case should be filed as EB3. So now they want to change my case to EB3 keeping PD same as before. Also they are threatening that if I resign, they will revoke current I140. I consider this case as cheating (it looks like to put company in safe position, they made me victim).

Now I am planning to move out of company as soon as possible and will try to port PD from another employer. So in this case, do you think if I leave current company and if current employer revokes existing I-140, can I carry forward PD still?

Any help on this appreciated...I will be really thankful for any help extended...

Thanks,

Apul...

[pontevecchio]

Yes. You can carry the PD foreward. I also think you need to involve a Lawyer to make sure there is no flim flam.

[vicky9]

I have an approved I140 stage under EB2 with my current employer

Facing similar situation wherein the employer is now saying that he will need to move my approved EB2 I140 to EB3 category because my currrent salary is 25K less than the prevailing wage however all other factors like eperience and education criteria are met for Eb2.

I think my current Employer got an audit from USCIS after EB2 I140 was approved regarding difference of prevailing wage and current salary and ability to pay.

In such a situation Should I change my employer and try to port the priority date from previously approved I140 EB2 however now which is under USCIS audit. Will changing employer at this stage lose my priority date in case the audit reply is not given properly by my current employer. Or should I get it filed under EB3 first to resolve the Audit query and then change to new employer with EB2