can PD be ported?

[imanonymous]

hi there,
i have a quick question for gurus here..
if an earlier original EB3 I-140 is revoked and if EB2 labor is approved now, can the PD be ported while filing new EB2 I-140 provided EB3 I-485 is pending??

thanks
:)

[gc28262]

What was the original I-140 revoked for ?
If it is not revoked for fraud or misrepresentation, you can port.

[imanonymous]

thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??

[gc28262]

thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??

You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.

Please see a note by Ron Gotcher below.

ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)