Has anyone successfully ported PD with approved I-140 ?

[atyagi73]

There are many threads on the topic of porting PD when changing employer. None of them sound dure whether USCIS follows memo or follows the law. There are two categories:
1. When old employer does NOT revoke I-140 until new employer gets new I-140 approved ?
2. When old employer revokes I-140 before new I-140 is approved ?

Please respond if you know anyone or yourself has successfully ported PD in category(1) or category(2).

Hope this helps in getting some real trend analysis.

I spoke to a lawyer from Murthy. He told me that coz many times they do not know whether or not old I-140 is revoked they can not say for sure whether or not USCIS follows memor or actual law (wasted my $150).

Thank you.

 

[rollingstone]

It is illegal to port PD if old employer revokes I-140

The law clearly prohibits it. 8 CFR 204.5(e) states:

"A petition approved on behalf of an alien under sections 203(b)(1), (2), or
(3) of the Act accords the alien the priority date of the approved petition
for any subsequently filed petition for any classification under sections
203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the
event that the alien is the beneficiary of multiple petitions under sections
203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the
earliest priority date. A petition revoked under sections 204(e) or 205 of
the Act will not confer a priority date, nor will any priority date be
established as a result of a denied petition. A priority date is not
transferable to another alien." (Emphasis added).

This regulation says a priority date will not be retained for a petition
revoked under section 205 of the Act. Section 205 of the Act states:

"The Secretary of Homeland Security may, at any time, for what he deems to
be good and sufficient cause, revoke the approval of any petition approved
by him under section 204. Such revocation shall be effective as of the date
of approval of any such petition."

This encompasses revocation for any reason, not just for fraud or willful
misrepresentation. The regulations interpreting INA 205 further state, at 8
CFR 205.1(a)(iii)(C) that an I-140 petition shall be automatically revoked
"Upon written notice of withdrawal filed by the petitioner, in
employment-based preference cases, with any officer of the Service who is
authorized to grant or deny petitions."

Thus, under the law and regulations, when an employment-based I-140
petitioner withdraws an I-140 petition because the beneficiary no longer
works for him or her, USCIS automatically revokes the petition which
triggers 8 CFR 204.5(e), stating that the revoked petition does not confer a
priority date.

 

[cableching]

It has been successfully ported in both the scenarios??

There are many threads on the topic of porting PD when changing employer. None of them sound dure whether USCIS follows memo or follows the law. There are two categories:
1. When old employer does NOT revoke I-140 until new employer gets new I-140 approved ?
2. When old employer revokes I-140 before new I-140 is approved ?

Please respond if you know anyone or yourself has successfully ported PD in category(1) or category(2).

Hope this helps in getting some real trend analysis.

I spoke to a lawyer from Murthy. He told me that coz many times they do not know whether or not old I-140 is revoked they can not say for sure whether or not USCIS follows memor or actual law (wasted my $150).

Thank you.

I know a couple of friends cases, one with a revoked I-140, which approved on a substitute labor and later revoked got the priority date to be successfully ported. Initially they did not give the priority date and later used another attorney and got it successfully ported with an appeal. Onother friend's priority date also got ported after an RFE to prove the ability to pay from the date of prioirty, but was able to successfully port by just proving the ability to oay from the curret labor's priority date.

Hopefully they do not get into any torubles at I-485 stage.

 

[rollingstone]

There may have been some approvals in the past but there's no guarantee that it'll work in the future. Remember the law says it cannot be done. It all depends if the adjudicator is aware of the specific laws, or if there's a new internal memo on the topic (which we may not be aware of).

 

[cableching]

Both the approvals were very recent.

There may have been some approvals in the past but there's no guarantee that it'll work in the future. Remember the law says it cannot be done. It all depends if the adjudicator is aware of the specific laws, or if there's a new internal memo on the topic (which we may not be aware of).

Both the approvals were very recent.

 

[yellowrocks]

What if u already filed 485

What if one already filed I 485 with old employer and I 140 is approved
Can he then join other employer file new I 140 under different category and port Priority date?