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I-140 Portability

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  • I-140 Portability

    Need some clarification on I-140 Portability. Can someone help to respond to my query:

    My I-140 was approved in May-2007 during my H1B tenure. Before filing for my adjustment of status for GC returned back to India during recession time. Took-up a job in India and returned back to US in 2009 through L1 Visa. Tried to file adjustment of status in 2009 through the new company but it got Rejected with reason "GC Abandoned" since trying to adjust status in different visa category. Then after my L1 got expired, returned back to India.

    Question: Is my Approved I-140 with Priority date of May-2007 still can be Ported if I file a new I-140 petition?

  • #2
    Yes, it can be ported, if it is for a similar employment position.
    Just an opinion; Not legal advice.

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