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Immigration Issues/Porting I140 EB3 old priority dates

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Question
Here is the situation:

(1) Employer-A. I-140 approved and later on revoked, with priority dated Oct-2006, in EB3 Category and I485 is pending , since then.


(2) Working with company-B as FTE using my AC21 portability. Current company don't process my EB2 labor and I140.

(3) Company-C is ready to file the same.

Can I port my EB3 pri. date into EB2 with employer-C ?

Is there any grey area on this ? have came across, such situation before and what is the probability, to get this done ??

Thanking you in advance.

Sincerely

Answer
Hi,

An approved I-140, even if subsequently revoked by the sponsoring employer, is useful for preserving the priority date. Thus, if Co. C files PERM (also known as application for labor certification) and I-140 (whether in EB2 or EB3 is immaterial), the earlier priority date of Oct. 2006 is preserved so when I-140 will be filed by Co. C., a copy of earlier I-140 approval notice through Co. A should be attached to the new I-140 petition filed by Co. C. The I-140 approval notice issued by the USCIS will have the earlier priority date of Oct. 2006 indicated on the approval notice. It has been done successfully.

General information about EB2/EB3 is here: www.h1b1.com/employmentbased.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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