I 140 Portability

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kalpanalulay

Registered Users (C)
I have a approved EB 3 I 140 with my previous employer. My current employer would like to start another GC for me and would mostly be in the EB 2 category. My PD is sep 2002 and if i can transfer my PD date to the new application then i can apply for 485. I have heard that during the stage of 140 you submit the approved 140 and ask to transfer the PD. Can anyone tell me where i can get this information form. is there somewhere in the USCIS that states it. I need to show it to my company for them them to pursue this. Also will there be a problem if i transfer from EB3 to the EB2 category?

Please advise.
 
Yes

You can retain earlier PD, provided your former employer should not cancel your labor/approved I-140.
 
kalpanalulay said:
I have a approved EB 3 I 140 with my previous employer. My current employer would like to start another GC for me and would mostly be in the EB 2 category. My PD is sep 2002 and if i can transfer my PD date to the new application then i can apply for 485. I have heard that during the stage of 140 you submit the approved 140 and ask to transfer the PD. Can anyone tell me where i can get this information form. is there somewhere in the USCIS that states it. I need to show it to my company for them them to pursue this. Also will there be a problem if i transfer from EB3 to the EB2 category?

Please advise.
Click to expand...

Refer to pages 27, 28 of the attached document. This should answer your questions.
If you have an approved I-140 (any of EB1,EB2 or EB3 category), you can port your PD to a new GC application. You have to start from scratch and apply LC & I-140 all over again. It does not matter what EB category you re-apply under. Only case where you cannot port PD is if your previous employer revokes your I-140 due to fraud.
Hope this helps.
 
140 portability

If I understand what you wrote and what I read, correct me if I am wrong.
- Working for company A
- Applied for 140 with company B using pre-approved labor
- Move to company C
- Apply GC using PD from 140
- Start new Perm (job desc, title has to be same)
- Apply 140/485
Am I reading this right?
 
I140 Portability

Hi,
I have a question based on some of the earlier messages.
One possessing an Approved I140 thru' company A, can apply for labor and subsequently I140 through another company B and also can apply the PD based on companyA's I140.

In order to happen this properly company A shouldn't REVOKE I140.

My question is after getting I140 approval through company B and transfering the PD to the new I140..... what happens if Company A cancels earlier I140?
Will it effect?

Thank you very folks.
 
Last edited by a moderator:
amantha said:
Hi,
I have a question based on some of the earlier messages.
One possessing an Approved I140 thru' company A, can apply for labor and subsequently I140 through another company B and also can apply the PD based on companyA's I140.

In order to happen this properly company A shouldn't REVOKE I140.

My question is after getting I140 approval through company B and transfering the PD to the new I140..... what happens if Company A cancels earlier I140?
Will it effect?

Thank you very folks.
Click to expand...

Until one files for the 485, which is the stage for requirement of PD, Company A has to keep the 140 active. In the event that they revoke the 140 prior to you filing for 485, then your PD defaults to the labor PD of Company B.
 
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