I-140 portability


Recommended Posts

Pls advise me about my situation...

I got I-140 approval from Company X in July'2012 where my H1B is with same company.
In Oct'2012 I transferred my H1B using that I-140 to Company Y as I'm out of 6 years of initial H1B period and got 3 years of H1B approval.
After that I came to know that Company X has cancelled my I-140 as I'm not in their payroll.
Now Company Y initiated PERM (GC-Labor) and is in process.
So, if incase GC priority date becomes current, do I become eligible as I have I-140 approval earlier and even my current PERM is in process? Else is it mandatory that I should have PERM approval by the time GC priority date gets current? Pls let me know the options. Thanks inadvance!!
Link to comment

Did you check online on the status of the previous I-140 ? was it revoked ? In this case you most probably would retain the priority date to be used when company Y files their I-140 for you . Coming to 485 possibilities, you cannot file it since the underlying I-140  is no longer active.

Link to comment
@ksribhas: Thanks for your response!!

Company X informed me that they cancelled my I-140 as I'm out of payroll based on Attorney's suggestion. But when I check status in USCIS website using SRC***, I can still see status as approved as Decision. I know USCIS website may not be updated with information. Is there any way that we can know whether it is really cancelled?


@Belle: Thanks for your response!!

Link to comment


This topic is now archived and is closed to further replies.