I-140 portability


luck2u

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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!!
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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 Coming to 485 possibilities, you cannot file it since the underlying I-140  is no longer active.

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@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!!

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