Porting the PD on EB2


unccstar

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Dear friends

I should start by apologizing for asking the question that probably has been answered a zillion times. I am asking this again, as there are several answers out there, which contradict each other. Would be glad and grateful, if you could help me with this

I am a mechanical engineer, whose H1-B expires in Dec 2012. My PERM has been approved and my I-140 is currently being premium processed by company A. I am currently interviewing with two companies, B and C. Company B is in the Chicago area and has about 75-80% similarities with respect to my current job, while company C is in California and has the same titie, but the field is different (engine cooling Vs electronic cooling)

The question I have are

1) Is there a rule that I cannot port my PD, before it has been 6 months after obtaining my I-140?

2) Can there be a difference in the job description or do they have to be exactly the same to port the PD?

3) If my current employer revokes my I-140 and I have a copy of it, can I still port the PD?

Thanks again for all the help and good discussions!

Regards

V

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  • 3 weeks later...

I have a situation where my previous employer filed my i140 on EB2 two days after the expiration(after 6 months) of the labor PERM approval, because of that my i140 got rejected and the reason for rejection was due to the fact it was filed with expired Labor.

I'm now redoing my GC with the current employer, my question is can I carry forward my Priority Date ( Nov 22, 2010, the date of filing of my Labor by my previous emp) to my new GC?

Pls advise!

--VK

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