Can my employer revoke my approved 140?

[battineni]

Hi,
Presently workig for company "A"

My PD : Mar 2004 - EB3
140 - Approved - Mar 2008

Now I'm planning to move to another company("B").

What are the chances to keep my PD, even though my company "A" revokes my 140?

what are the chances/risks for Company"A" to revoke my 140??

Thanks for your time.

[fromnaija]

You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


For when you already filed I-485.
http://www.uscis.gov/files/pressrele..._AC21_8403.pdf


For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memo...22_091206r.pdf

Quote from page 27 of above document when you have not filed I-485

(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

[battineni]

Thanks alot for your detailed reply.

jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.

My new employer (Company "B") ready to start the process again, but would like to keep this PD.

Once again thats for your reply.