Capture the priority dates of Old Labor I-140

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rkumar28

New Member
Hi,

I used a pre-approved labor and got the I-140 approved under EB3 Category with priority date of March 2004. This is a 100% traveling job with a consulting company.
Due to family constraint I will not be able to travel anymore. I have an another good job offer from another company where no traveling is required. They are ready to apply for my green card under EB2 after three months of my join date.

1) Can I transfer the EB3 I-140 priority date from my old company to the new EB2 application filed by new company.

2) What happens if the old EB3 I-140 is revoked by my previous company. Can I still transfer the EB3 I-140 priority date to new company EB2 application.


I have read in this forum that it is possible. But wanted to confirm if anyone actually has done this. Base on the advice I have to make this decision.
 
Will appreciate any advice

rkumar28 said:
Hi,

I used a pre-approved labor and got the I-140 approved under EB3 Category with priority date of March 2004. This is a 100% traveling job with a consulting company.
Due to family constraint I will not be able to travel anymore. I have an another good job offer from another company where no traveling is required. They are ready to apply for my green card under EB2 after three months of my join date.

1) Can I transfer the EB3 I-140 priority date from my old company to the new EB2 application filed by new company.

2) What happens if the old EB3 I-140 is revoked by my previous company. Can I still transfer the EB3 I-140 priority date to new company EB2 application.


I have read in this forum that it is possible. But wanted to confirm if anyone actually has done this. Base on the advice I have to make this decision.
Click to expand...


Will appreciate any advice on this

Thanks
 
You can transfer the priority date, but the risk is if your previous employer withdraws labor or I-140 or substitutes the labor, USCIS is likely to deny your I-140 or 485.
 
I am in similar situation and was looking for more information on porting the priority date.
I have read a few more postings on this forum where people were complaining that their older PDs were not ported.

I think there is more to this scenario than what appears from most of the postings/discussions. There have been people who were both successful and not successful in getting the PD ported.

I am stuck in a limbo as well. My current employer is not having happy days anymore and Company B which I am interested to join is ready to do PERM+140. I have asked then to wait as my current 140 did not come through yet.

Which way to go? : Stay with the current employer and struggle with them, with the impending danger of a legal issue that they might go through, but retain a 2002 PD?

OR

Move on to a bigger and better company with the risk of losing 4 years of wait period by getting a PD of 2007 date?

Any thoughts are appreciated.
 
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