View Full Version : I140 withdrawal / cancellation.

07-29-2010, 11:55 PM
GC Status: Filed in EB3, PD OCT 2004. I-485 not filed. I-140 status : Approved
Visa status: My LCA/H1visa end date is March 2011.

I am on 7th year extension.H1 extension was approved based on approved I-140. H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

1. Can the PD ported thru the next GC process by new employer, even if the I-140 is cancelled from prior employer ??

There is no fraud or any misrepresentation and if prior employer cancels appoved I-140.

Please provide insight in this case as how the USCIS officer takes decision on PD porting is concerned ?

07-30-2010, 09:43 AM
I think if the I140 is cancelled you can't port the priority date unless. If you would have applied for I485 than that is different case.

07-30-2010, 10:01 AM
From Ron Gotcher:
ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)

If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever

07-30-2010, 10:02 AM
I think even if employer revokes or cancels and if you have approval copy of I-140 you can port the date. Please consult some good immigration attorney.