I-140 Portability and Carrying the PD ...

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praveenkkm

Registered Users (C)
Hi Gurus,

I have a approved I-140 from another company, the other company filed LC and 140 under future employemnt and it was EB3.

Now I dont want to move to the other company and my company is applying for the EB2 laboour.

Here my question is Can I use the approved I-140 so that I can carry the old PD and does it matter between EB2 and EB3???.and also do I need to apply I-140 again or after the LC approval can I directly go into 485.

Please answer my question appreciate your time in reading my question.

Thanks in Advance,

Praveen
 
Let me understand ... you have 2 GC processes:
1. Employer A: EB3, LC and I-140 approved.
2. Employer B: GC process is about to start.

Employer B have to file another LC and EB2 I-140 and they should be approved in the first place. Later, you can use the employer A's I-140 to port the priority date provided they didn't revoked it.
 
Thanks so much for your reply.

So my present employer has to file EB2 LC and then I-140, once I-140 of my present employer approved then only I can use my another approved I-140's PD.

Is it correct, please reply me....

Thanks in Advance,

Praveen
 
Yes that should work out - however, you can file I-140 and I-485 concurrently with the new employer (to speed up the process). Talk to the lawyer about this.
 
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