EB3 to EB2 Priority date porting

[nr12345]

Hi all,

I am on H1B right now. My I-140 is approved recently in EB3 category with my current employer.
Now, I want to move to a different employer so that I can do my GC under EB2 category.

I have the following two questions.

1. Do I need to stay with my current employer for at least 180 days to port my Priority date?
2. Can I port the priority date with the new employer even if my current employer cancels/revokes my I-140 after I leave my current company?

[kishore.salla]

1. Do I need to stay with my current employer for at least 180 days to port my Priority date?
No

2. Can I port the priority date with the new employer even if my current employer cancels/revokes my I-140 after I leave my current company?

Technically Yes - Unless I-140 is revoked for Fraud/Misrepresentation, PD is your to keep.
But you never know with USCIS, Best suggestion is to leave present employer on good terms.

[dreameb2]

Please note that if your H1B is currently based on your I-140 with current employer then you may be in trouble if he revokes your I-140 after you switch to new employer.
Please check with your attorney though.

[dmitri]

even if i 140 is revoked-the H1B is still in approved status.
however-porting the date may be an issue
but
remember
Eb2 wait time is 3 years max these days so even if you are not able to port date you will still get GC in Eb2

[nr12345]

Hello all,
Thanks for the valuable info.

Hi dreameb2: If I tranfer my H1 to a new employer and start my GC processing with that new employer, I should not have any problems in porting the PD right? even if the old employer revokes my I-140?