yuva1234 Posted February 14, 2013 Report Share 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 Link to comment
Attorney_11 Posted February 14, 2013 Report Share 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. Link to comment
yuva1234 Posted February 14, 2013 Author Report Share 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 Link to comment
indian_guy0219 Posted March 14, 2013 Report Share 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? Link to comment
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