Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Valid but old I-140 and current priority date

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Valid but old I-140 and current priority date

    Hello,
    I have a situation - due to a job change I need to file a new I-140 which is still not processed. But in between the priority date became current as per my old I-140 from old employer (which is still valid as they didn't revoke)
    What will be the consequences afterward?
    Thanks,
    Bala




  • #2
    There are no "consequences". If you want to go back and work for your old employer, you can file I485 now. If not, you should wait for the new employer to complete I140 filing, and after its approval, file for I485 claiming PD porting.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      There are no "consequences". If you want to go back and work for your old employer, you can file I485 now. If not, you should wait for the new employer to complete I140 filing, and after its approval, file for I485 claiming PD porting.
      In the event the new I-140 approval notice shows a different priority date, can we still file I-485 using the old priority date ? If Yes, is it required to prove the job of the earlier priority date is available with the same employer who filed your old I-140 at the time of I-485 filing ?

      Comment


      • #4
        (1) Yes.
        (2) No. The purpose of AC21 is that there is no guarantee that the position associated with the initial petition is going to be available when the PD becomes current, say 10 yrs.down the line. Hence, after 6 months of your I140 approval, the petition can not be revoked for any reason other than fraud.
        Just an opinion; Not legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X