Priority Date Portability - Switch Employer/Job

deepachoudary

Registered Users (C)
My EB3 labour and I-140 are approaved and my priority date is Dec-2003. Can i switch employer now and apply for new labour and use this priority date?

Can i apply for EB2 labour with a different or same employer and still retain my old priority date.

Thanks in Advance. :)
 
yes you can do that , Once I 140 is approved priority date is yours , unless underlying I 140 is revoked due to fraus , misrepresentaion etc.

when you file the I140 after getting a new labor from new employer , then send a copy of this approved I 140 and attach a letter asking for portablity of priority date
 
I140 portability and switch to eb2?

Hi,

I got I140 approved maybe 1 year ago, I am waiting for EB3 I-485 row (SouthAmerica) to be available.

Can I switch jobs and ask the new employer to fill EB2 and then use my previous I140 approved PD?

thx
 
nitinag said:
yes you can do that , Once I 140 is approved priority date is yours , unless underlying I 140 is revoked due to fraus , misrepresentaion etc.
I think it's better to rephrase this statement. In memo, it says "PD is retained unless I-140 was revoked due to fraud or misrepresentation", but "fraud and misrepresentation" is mentioned just as an example. So, remember that revocation of I-140 for any reason can make you lose PD.
 
EB3->EB2 from Same Employer

Can we Apply EB2 Perm Labor from the same employer and after getting I-140 approved, use old EB3 Priority Date for the new EB2 petition?
 
Same question

Even I have the same question.....My employer is asking me to file I-140 for an already approved labor (EB3 2004) since my profile matches for that postition. Sametime I recently applied my own PERM application (Position qualifies for EB2).

Is it OK, after getting the EB3 140 approval (2004 PD), I will file for the 2nd I-140 (for the PERM labor with 2006 priority date) from the same employer with a request to port my priority date?

Is it any risky to apply for 2 1-140 (one Eb2 & one EB3) from the same employer with few weeks gap??


Please clarify
 
You can add me to the list....

Can a EB-3 based approved I-140 be ported over to a new EB-2 category and still preserve your old EB-3 PD?

In my case, I am sticking with the same employer....
 
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