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Thread: I-140 porting question.

      
  1. #1

    I-140 porting question.

    Hi Immigration gurus,
    Got a question on I-140 porting question.
    I work for Company A since 2001 and applied Green Card in EB3.
    I-140 Approved long time back.
    485 applied, Priority date 03/2003.
    Have EAD & H1B, wife working on EAD.

    1. If i leave company A, Can i my employer revoke I-140(Is it possible to revoke I-140 even after its approved,485 applied passed 180 days).
    2. If my current employer can revoke I-140, image i joined Company B and applied Green Card again in EB2,
    a)Will i be able to use or port from Old I-140 and
    b)Can i use my priority date still from previous filing(EB3).

    Please educate me on I-140 porting issues.

    Thanks,
    Cindy.

  2. #2

    I-140 porting question.

    Here is another scenario.
    Let's say my employer can revoked my I-140 right away after i quit, 2 things can happen.
    1. USCIS can send REF/Audit to my attorney or
    2. USCIS can deny my 485 without doing step1 just because I-140 is revoked.

    In either case #1 or #2.
    a) I need to change my attorney right away (using G28 form) because RFE usually go to Attorney or employer??
    b) I need to have a job right away, just to show USCIS that i have a job and i should be able to fight for old I-140 & pending 485 (EB3) with new attorney.

    Hopefully things will fall in place then and later i can file my GC again in EB2 and use I-140 along with Priority dates correct??? or asking for too much )

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