Can I port my PD if I change my empployer

[sainadh217]

hi folks,

need your advise. I have PD as May 2010 under EB2 with Emp A. now I have moved to Emp B. Now Emp A is calling me every day , to cancel my i-140 with Emp A.

So, can I port my PD even though my Emp A revokes i140 ? my Emp B is in the process of initiating G C process.

Any help is appreciated..

thx much

[Attorney_11]

The USCIS Adjudicator's Field Manual says that "once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification."

[sainadh217]

so, is there a way to know how my old Employer revoked i140 ? Generally what would be the reason to revoke i140 if an employee leaves the firm ?

I am more interested to know what are the practical challenges in porting i140 under these circumstances.

cheers

[sthamago]

The USCIS Adjudicator's Field Manual says that "once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification."

How many maximum number of times can we port the PD after I-140 approval by changing the employers.

[Attorney_11]

There is no maximum number of times under the law currently.