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harrydr
08-03-2009, 10:36 AM
Hello IV friends,
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.

rockstart
08-03-2009, 10:41 AM
You have two options. One is forget the current GC and take new job re-start your GC.

The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)

The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.

av2307
09-03-2009, 04:12 PM
what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

Any pointers would be highly appreciated-

thnx
-A

av2307
09-03-2009, 04:18 PM
By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

Please keep me in loop in case you find anything else about the situation. I'll do the same.

TIA
-A

wandmaker
09-03-2009, 04:33 PM
what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

Any pointers would be highly appreciated-

thnx
-A

You loose your PD. BTW, please update your profile.

Ramba
09-03-2009, 05:48 PM
You have two options. One is forget the current GC and take new job re-start your GC.

The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.

Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.

ujjwal_p
09-03-2009, 06:26 PM
You loose your PD. BTW, please update your profile.

I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

Mariarisoleary
01-16-2010, 04:16 AM
Please change this.I am new here so I cannot this......so please change this......

Soltan
05-05-2010, 07:46 PM
I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

Hey guys, digging up a little old topic but I have a question regarding the same.

I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.

But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?

Please please reply.

krishmunn
05-05-2010, 08:52 PM
Soltan

I am assuming you never filed your 485 with old company .

In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.

But you cannot directly use the old 140 for filing a new 485

harrydr
05-05-2010, 10:22 PM
Just a follow up question:

Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?

krishmunn
05-05-2010, 11:03 PM
Just a follow up question:

Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?

You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.

LONGGCQUE
05-05-2010, 11:10 PM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.

krishmunn
05-06-2010, 08:27 AM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.

Yes you can . It cannot be ported only if 140 is revoked due to fraud.

Soltan
05-06-2010, 09:03 PM
Soltan
But you cannot directly use the old 140 for filing a new 485

Krishmunn, thanks for your reply. I understand that I have to apply labor and I140 again. But my question was how do I port the priority date when I do not have the approved copy of my I140 with me. What if the old employer cancels my i140?

All I have is the old i140 receipt and the receipt number online shows approved status.

Thanks