I-140 - how long is my I-140 and its priority date valid?

[cksekhar]

Hi,

1. I got my I-140 approved (Feb-2012) with Employer A on my 5th yr of H1.

2. Employer A got my H1 extended for 3 yrs based on I-140 approval on Dec-2012.

 

3. Then I transferred my H1 to Employer B in April-2013 and based on I-140 got approved for 3 yrs.

4. Around this time, I got a message from USCIS (since i registered for alerts on my cases) that my approved H1 petition with Employer A has been revoked. I did not get any alerts for my I-140 petition though. I still see my I-140 as approved on USCIS site.

5. Before I could restart my GC process from scratch with Employer B, I am offered a full time opportunity now with Employer C.

 

But Employer C has a clause, that they would start my GC process only after 1 yr of working.

 

My questions:

1. How long is my I-140 (and its Priority date) valid ? Is there any period, i will have to port it by ?

2. Will I still be able to port my PD after Employer C starts to process my GC (i.e after 2yrs down the line when I have my I-140 approved)?

3. Any issues with having Employer C trying to port PD? Since I did not even start my GC process with Employer B.

 

 

 

[cksekhar]

Anyone, please suggestions ?

[JoeF]

There is no expiration on the I-140.

[Attorney_15]

A priority date generally transfers between EB1, EB2 and EB3 I-140 petitions so long as the originating petition has not been revoked by the employer who filed it or by USCIS. There is a USCIS policy statement that even if revoked - as long as not for fraud or misrepresentation - the priority date can transfer. However, enforcement of this policy is not consistent and not mandatory.