yuva1234 Posted February 14, 2013 Report Posted February 14, 2013 Hi, Please help me with the following question related to I-140. Currently I am on H1-B and still I have 2 years on my H1B to complete 6 years. My PERM got approved in Nov 2011 and my company A filed for I-140 in Nov 2012. Here are my queries. 1. Is it safe to move to a new company B, Once my I-140 got approved in the next 2 months (assuming the approval by apr 2013)? 2. If i move to company B in May 2013 ( assuming in apr 2013 my I-140 will get approved), can i still carry my priority date ( nov 2011)? 3. What are the chances that my current company A cancels my I-140 if I move to company B? 4. If company A denies to give my approved I-140 document, can i request USCIS for the original Doc? Thanks in Advance
Attorney_11 Posted February 14, 2013 Report Posted February 14, 2013 Generally, an I-140 approval is valid indefinitely. An employer always has the option to withdraw an I-140 after an employee departs their employ, although there are under no legal requirement to do so. Traditionally, the USCIS has not made the I-140 approval notice discoverable via FOIA by the beneficiary of the I-140. Retention of the priority date is permissible between two approved I-140 petitions.
yuva1234 Posted February 14, 2013 Author Report Posted February 14, 2013 Thanks for quick reply. Please help me understand this question. 1. Is there any way that I can send my I-140 approval document to company B and make my priority date active before company A revokes my I-140?. Thanks in Advance
indian_guy0219 Posted March 14, 2013 Report Posted March 14, 2013 Does it matter what the new job title/description is? do they have to be similar for porting of PD to occur?
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