I140 Portability

[viba78]

I had applied for GC in 2004 under Eb3 category. I got my I140 approved in Dec 2008, but I had chosen to move out of US in 2009. I returned back in 2019 in L1A and planning to apply under Eb1 category.

My previous i485 shows withdrawn (guessing my previous employer withdrew it). My I140 still shows "Case Approved". Will I be able to port my old I140 when I apply for GC now ?

I don't have approval copy, is LIN # enough ?

[appuchan]

Your employer will have to file for a new I-140 as your job and responsibilities would have changed by now. However I believe you may be able to keep the priority date from your old I-140.

[viba78]

I got my EB1 file by new employer and got the EB1 I140 receipt.


my old I140 was approved Dec 2008 and mail sent to withdraw in Mar 2009 and withdrawn written on I140 with Aug 2009 date. It was withdrawn sine I moved back to India in 2009

Do I need to wait and see if my new I140 will have old priority date or can i apply for I485 adjustment with new EB1 receipt and old i140