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  • Priority Date Porting

    Hi,

    I am working with Employer A on H1B visa. I have my I-140 approved under EB3 category with this Employer.

    I am planning to move to Employer B who has agreed to process my GC in EB2 and port my PD. However, I have the below questions

    1) I do not have the I-140 Approval notice. I, however, have the I-140 application that has my name, PD, Receipt number etc....Also, I have the screen shot from USCIS website showing my I-140 approval. Is this sufficient for PD porting?
    2) What will happen if Employer A revoks my I-140. Will that affect my PD porting in anyway?
    3) If my PD becomes current by the time I apply for my new I-140, will that impact my PD porting?

    Thanks for sharing your valuable inputs.

  • #2
    Dear Experts,

    Please share your valuable feedback on this.

    Comment


    • #3
      hi
      you will need some evidence to prove approved I 140 from earlier employer.
      ask for copy of I 140.
      if they dont give you then get it from FOIA from USCIS.
      However
      Interesting thing you brought up is
      what happens if old employer revokes I 140?
      this is something I am trying to find myseilf.
      spoken with countless attorneys.,researched in forums etc and it seems its 50-50 chance.
      if you get concrete info on this please share..
      thanks

      Comment


      • #4
        Hi Dmitiri,

        My Employer will not share my I-140 approval notice with me. I did raise a FOIA to get the approval copy, but all I got was the I-140 application. But, that does have my receipt number, name, PD etc. I also have the screen shot of the approval from USCIS website. I guess this is sufficient for PD porting.

        Also, I talked to my H1 sponsor about the I-140 revokal stuff. Looks like if the previous employer revokes the I-140 before I file my new I-140, porting might be an issue. If not, we should be good.

        Comment

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