Porting PD from old I140 that is withdrawn by ex-employer


inquest

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Given below are my details. 

 

Company A:  I140 under EB3 with PD of Feb 2011. After I quit the company, Company A has withdrawn my I140.

 

Company B: filed my PERM and is approved.  in the process of filing I140. 

 

My lawyer says that we cannot port the PD from old I140 as it is withdrawn and no longer in approved status. 

 

Anyone who has done this off late? As per USCIS adjudicator's field manual and FAM, PD can be ported unless revoked for fraud of willful misrepresentation. 

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-13411.html

 

 https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1610.html#0-0-0-186

 

https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-6423.html

 

https://fam.state.gov/searchapps/viewer?format=html&query=42.53&links=4253&url=/FAM/09FAM/09FAM050303.html#M503_3_2_C

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  • 3 weeks later...

Given below are my details. 

 

Company A:  I140 under EB3 with PD of Feb 2011. After I quit the company, Company A has withdrawn my I140.

 

Company B: filed my PERM and is approved.  in the process of filing I140. 

 

My lawyer says that we cannot port the PD from old I140 as it is withdrawn and no longer in approved status. 

 

Anyone who has done this off late? As per USCIS adjudicator's field manual and FAM, PD can be ported unless revoked for fraud of willful misrepresentation. 

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-13411.html

 

 https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1610.html#0-0-0-186

 

https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-6423.html

 

https://fam.state.gov/searchapps/viewer?format=html&query=42.53&links=4253&url=/FAM/09FAM/09FAM050303.html#M503_3_2_C

 

 

You can retain the priority date until unless previous approved I140 is not revoked for error or fraud...

 

But however there are some recent cases happened where for which PD was not retained (not exactly sure what is the root cause)

 

If you are under going such situation I would strongly recommend you to check with Murthy Firm, they have the best team of attorneys and can assist you..

 

Not a legal advice. Use of this information is strictly at your own risk
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