Priority Date Porting

[djayash]

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.

[djayash]

Dear Experts,

Please share your valuable feedback on this.

[dmitri]

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

[djayash]

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.