GC Priority Date Porting

[rockafficiando]

Hi

I recently applied for my GC.My Labor/PERM is under process currently.

Attorneys expect it to be approved (fingers crossed) in a couple of month.

If I would like to shift to a new job,can I keep my Priority Date after Labor is approved or should I have to wait for I-140 approval to come through?

Also I heard the provision around GC Priority date porting has now been closed and you cannot port your Priority date from employer to employer. Can someone validate if this is authentic info?

Please let me know

Thanks

[Attorney_22]

To lock in your priority date you must have an approved I-140, and that I-140 cannot be revoked by USCIS for cause. Additionally, at this time you can retain and port your priority to future PERM/I-140 filings as long as your previous petition is not revoked by USCIS for cause.

[rockafficiando]

"that I-140 cannot be revoked by USCIS for cause/as long as your previous petition is not revoked by USCIS for cause"

I dont understand I-140 revoked by USCIS for cause?

Could you please explain this clause in little more detail or provide pointers to the same

Thanks.

[pontevecchio]

Fraud should not be in the picture.

[rockafficiando]

Oh okay. what is the timeframe for them to revoke that. coz it typically take a new employer a min of 6th months to apply for PERM/Labor again..so wnated to see what could happen in that window

[pontevecchio]

Even if revoked that date is still available to you for a future filing, in the absence of fraud. This holds good even were they to revoke it today. But in order to get H1 extensions beyond 6 you must have PERM pending 365 days or I140 pending 365 days or approved I-140.