View Full Version : P date porting - 140 approved then revoked

01-24-2013, 02:37 PM
Hi All, If I-140 is cancelled or revoked later, then it cant be used for H1 extension by another employer and PD cant be ported over. Please share your experience if you went through this .
I dont have patience to wait another 8 yrs or for CIR !

01-27-2013, 08:10 AM
As long as your I140 is not revoked by the Immigration Dept. based on a fraud, you can retain the PD no mater the I140 is cancelled by your employer.

01-27-2013, 10:31 AM
This is from Yate's memo 05/12/2005 (USCIS interim memo). Hope this helps.

Question 11. When is an I-140 no longer valid for porting purposes?

Answer: An I-140 is no longer valid for porting purposes when:

A. an I-140 is withdrawn before the alienís I-485 has been pending 180 days, or

B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.