Old I140 portability

basukh

New Member
#1
Hi Rajiv ji

I have an old approved but withdrawn I140 filed under EB3 in 2004. I140 was approved in Dec 2008 and it was withdrawn by employer A as I returned to India 4 months after it approval. I485 was filed concurrently in 2007 and it was pending for more than 2 years

My new Employer B has applied I140 under EB1C.
Q1: Can I use Priority date from old I140 ?
Q2: can I do concurrent filing of I485 ?
 
#4
You don't need to file new PERM & I-140. I believe you will be called for Employment based personal interview at that time you provide them I-485 supplement J from new employer. You should be fine as long as new job is same or similar occupation in nature.
 
#5
Thanks again for a prompt response. I was a software developer and applied under EB3 in 2004. My current role is director in IT. Its changed a lot between 2004 and now. Do you think the AC21 still applied

New I140 has already been applied for me, hence I thought its an straight forward option to Port and reapply I485. let me know
 
#6
What matters are job duties as long as they are same or similar they should be fine. You don't need to reapply I-485. You can do interlinking meaning notifying USCIS to tie up your new I-140 to existing I-485.
 
#7
That's great to know. How does the process work to tie new I-140 to old I-485 ? Also does it work if the old I-485 was withdrawn ? Also I need to add my kids (10&8 yrs) to add to the process
 
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