Old I140 portability

basukh

basukh

New Member
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I have an old approved but withdrawn I140 filed under EB3 in 2004. I140 was approved in Dec 2008 and it was withdrawn by employer A as I returned to India 4 months after it approval.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 ?
 
You can utilize AC21 & switch employer. No need to go through new PERM or I-140. When you will be called for I-1485 interview take with you new I-485 Supplement J from new employer.
 
Thanks whitemimauz3 for the response. The old I140/I485 was in 2004 job description and new role I am in 2019 has changed a lot. Can I use my priority date for the new I140 ?
 
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.
 
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
 
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.
 
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 Also does it work if the old I-485 was withdrawn ?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
 
You would send interlinking request to USCIS service center where ever I-485 is pending with & request them tie with new I-140
 
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