Originally Posted by SGP
Will your old company retain your approved I-140? OR will they revoke it. There are some confusions in this area as far as retaining the PD is concerned. Some say that if the old company revokes your approved I-140 before your new company files for new I-140 then you loose the priority date. Some say that even if old company revokes your approved I-140 then the USCIS will consider your old priority date unless USCIS themselves cancel the approved I-140 on the basis that there was fraudulent filing by the old company. I will suggest speak to an attorney for clarifications and then decide my friend.
Just give you some more details about my situation...
Current Company - Small Indian Company. They started my GC as soon as I joined them in my 6th year on H1 which helped me with 3 yr extension. I was working for an american company before that. I am very thankful to them. Job profile is decent.
Prospective Company - Mid Sized Indian Company. It is not "C". Their history of PERMS (from flcdatacenter) is very less but they are figuring it out within their company at this point. This is what I am thinking. I will say Yes only if they agree to start GC processing right away. If they say 3 months, 6 months, 1 year, they may drag it.
Positive with new company, different job profile. Instead of delivery it will give me an opportunity in technical sales and thus I will be able to get more experience. Ofcourse there is travel involved..
Also, my current I 140 is less than 6 months old. Do you think if my current company withdraws, will it be an issue in H1 Transfer (9th yr) and 140 porting. Incidentally, there is an article on murthy this Friday about the same thing but it doesnt say anything about cancellation of previous I 140.