Job change on I-140 approved - Pls advise !

[raj76]

Hello,

My PD is Nov 2007, I -140 approved in Sep 2008 .I am in 7th year of H1B.

I want to change my job from current company A to company B ( both fortune 100 companies)

- Company A says they will revoke I-140 after I leave them
- Company B lawyer says we don't guarantee that PD will be ported on filing new Perm /I-140 and it depends on USCIS

Has anyone gone through such situation ? Please advise what risks are involved in this scenario for job change.

Will I be able to maintain my PD even if I-140 is revoked ?


regards

[raj76]

Senior members Please reply...

[juju2011]

Looks like a classic AC21 case to me.
Should be portable* as per Yates memo from 2003 and 2005.
check out "AC21 Yates memo pdf" in google and read the memo on portability.
From my stand point both 2003 and 2005 memos say it is possible.

*Disclaimer: I am not a professional. Eventually it is the lawyer who would file the case. Check with a different lawyer if after reading you see that it is possible.

[Chappaqua]

you can maintain your PD only if company A doesn't revoke I-140 until your new PERM is approved. When your new PERM is approved, the old PD is carried to the new PERM and is printed on the approval. After that company A can revole I-140 without your being harmed.

If company A voke I-140 immediately before you file PERM with company B, or even before your PERM is approved, you have a very small chance of being able to carry over your PD.

- Company A says they will revoke I-140 after I leave them
- Company B lawyer says we don't guarantee that PD will be ported on filing new Perm /I-140 and it depends on USCIS