H1B transfer to new employer, 140 approved

[sweta78]

Hi All,

 

I am planning to switch employer. I have an approved I-140 and am on H1B , 12th year.

 

I recently heard that my company is withdrawing green card application with in 3 months of employee's resignation.

 

My question is if I switch employer, will they be able to port my green card application filing date which is 2008? I dont want to lose that. My primary reason for the move would be to get in to EB2 category from EB3.

 

Or the whole process would be reset for me and can't port the date?

 

This is assuming employer wont file the GC in first 3 months.

 

Can someone please provide some lights on this situation?

 

Thank you.

[sweta78]

Hi Guys - Just wondering if you guys have any suggestion..Appreciate your time.

[jairichi]

An attorney in this forum had mentioned that they have seen cases where PD could not be retained when employer revokes I-140. Talk with an attorney.