Priority Date Portability

[spamoh]

Hi,

     I have my I-140 approved and priority date is July 2010 in current company.  My GC was applied when I was a software engineer. Over the period I grew in my career became Software Development Manager with hands on role so my job description remained same with added responsibility.

 

 Now I got a new job opportunity in new company where I am offered Director role in software engineering.  I know I have to start new GC in new company but question is can Lawyers in the new company port my GC date of July 2010 with under Similar job category ?

 

This information is crucial for me , please help ?

 

 

Thanks

 

[pontevecchio]

They can port it irrespective. The job does not have to be similar at all.

[toney]

Hello pontevecchio and all

 

    If the Employer who has filed the GC revokes the I-140 then also we can use the AC21 provision to port Priority Date after save H1B extension to new employer ? 

[pontevecchio]

As of now it is USCIS policy to allow retention of the PD for a subsequent filing even if the I-140 were to be revoked except for fraud.

[obscurenessmoon]

USCIS looks favorably to port the PD even if the 140 was revoked except it was because of fraud.

 

BTW, I rarely see any employer revoking 140 because its not mandatory and it costs them.