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Mohan84
12-03-2011, 08:53 AM
Hello,

My labor certificate (PERM) would be done by December 7th 2011, I am thinking of applying for Premium processing for my I-140.

I am thinking of changing my job from company A to company B as soon as possible. But I am confused as in what is the best time for changing my job according to my green card process.

How early can i change employer after 140 approval?

Is there any kind of waiting period after I140 approval to change employer so that i can retain my previous PD?

Thanks for your response.

Mohan

ravi.shah
12-03-2011, 11:11 AM
Mohan,

There is no waiting period as such after 140 approval.
Make sure you don't leave before 140 approval, so that you can retain your PD. Good Luck !

whiteStallion
12-04-2011, 12:46 AM
I think you have to wait for 6 months after your I140 is approved to leave your PERM/I140 filing employer. After 6 months the PD is yours to keep and you are free to join another employer and retain your Priority Date.

fromnaija
12-04-2011, 02:50 AM
I think you have to wait for 6 months after your I140 is approved to leave your PERM/I140 filing employer. After 6 months the PD is yours to keep and you are free to join another employer and retain your Priority Date.

Not correct. The OP may leave the petitioning employer as soon as the 140 is approved and he will retain the PD even if the employer withdraws the petition.
You are probably confusing this with I485, where the employer may leave the employer only after 180+ days of submitting the 485.

Mohan84
12-04-2011, 11:21 AM
Thank you guys for such a prompt reply.

Hope this information helps other people lime me

Thank you

Mohan

permfiling
12-04-2011, 06:40 PM
Thank you guys for such a prompt reply.

Hope this information helps other people lime me

Thank you

Mohan

Based on experience stick with the the same firm till u get ur GC, if not you can retain your PD after I-140 gets approved

dmitri
12-06-2011, 12:05 PM
hi
what happens if the original employer revokes the approved I 140.
is the date still portable?
some lawyers and employers say that it can still be ported(gother,arora)
whereas some lawyers say that it cant be ported(khanna)
what is the real deal?does anyone know?

ramkia6
12-06-2011, 03:49 PM
To dmitri,

If USCIS revokes your I140 petition based on fraud you can not retain your PD. If your employer revokes it always you can retain your PD.

Read The Following Link and concentrate on section (e)
Sec. 204.5 Petitions for employment-based immigrants. (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-12549/0-0-0-13328.html)

If you cant get the above link then google the below text and read the first result.
uscis.gov Sec. 204.5 Petitions for employment-based immigrants.

Thanks.

dmitri
12-06-2011, 03:58 PM
ok
Khanna(well known indian attorney) said that USCIS has changed policy since Aug 2011.
have you done this porting recently
apparently USCIS will not port PD if i 140 has been revoked by employer.
this has started recently....

ramkia6
12-06-2011, 04:26 PM
Well I personally talk to Ron Gotcher about this issue and he was very confident about this issue back in Sep 2011. Then I spoke to one of the attorney at Murthy Law firm, they didn't give me the exact positive answer but they were positive too since i haven't paid them $2$$.
I am also in the same boat i changed my employer back in Aug 2011 . New employers PERM is in process.

ramkia6
12-06-2011, 05:02 PM
Please this thread section 13.

USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=7085aca797e63110VgnVCM1000004718190a RCRD)

dmitri
12-06-2011, 11:00 PM
hi ramkia6
exactly true.
i have spoken with Khanna,Gotcher,Murthy and 6 lawyers on (and a few others in California and NY)everyone except Khanna and one more lawyers said the date is not portable if old employer revokes I 140.
Please do let me know if you are able to port your date.
also,
do you know if your old employer has withdrawn your I 140.
I will appreciate if you can please share the status of your I 140 when it is approved.
thanks

ramkia6
12-06-2011, 11:34 PM
Hi Dmitri,
I have not filed my my new i140 yet.But still my old I140 is valid . Sure I will let you
my status in the future. Email is my username at flail.

dmitri
12-06-2011, 11:45 PM
hi
did you ask your old employer not to revoke it?

kumar Ganga
08-20-2013, 04:20 PM
Hello Dmitri,

Thank you for sharing your thoughts on porting the I-140. I am in a similar situation where my I-140 is approved 4 months back and I need to change my job. Not sure if I can port my I-140. My company being one off the Big 4 consulting firm, they will initiate to Withdraw our I-140 on our last working day. I wanted to know if we can still port the priority date after our I140 is withdrawn from our employer.

Thnaks