I140 approved, Portability issue with new employer.

[greenleaf81]

Hi,

I am working with company A, who has filed and gotten I140 approved (LC approved Feb 2008) - but they have not given me the approval notice papers (even after repeated requests). I came to know of approval based on the case# from USCIS website and my company has confirmed it they got the approval notice. My questions are:

Firstly is it my right to have a copy of my approved I-140?

Secondly, I am thinking of switching to another employer B. Is it true that since my I140 was approved once, I can use the older Priority date ?- do I need a copy of my previous I140 for this? [I heard even if an employer revokes the I140 they cannot use it for someone else now, so I can port the priority date?]

Thank you! in advance.

[Ramba]

Originally Posted by greenleaf81

Hi,

I am working with company A, who has filed and gotten I140 approved (LC approved Feb 2008) - but they have not given me the approval notice papers (even after repeated requests). I came to know of approval based on the case# from USCIS website and my company has confirmed it they got the approval notice. My questions are:

Firstly is it my right to have a copy of my approved I-140?

--No. It is a employer's petition.

Secondly, I am thinking of switching to another employer B. Is it true that since my I140 was approved once, I can use the older Priority date ?- do I need a copy of my previous I140 for this? [I heard even if an employer revokes the I140 they cannot use it for someone else now, so I can port the priority date?]

---Yes. you can retain old PD unless approval of your previous I-140 was not revoked or cancelled.
Thank you! in advance.

---

[greenleaf81]

Hi Ramba, thank you the answers to my question. However the second part of the answer is still unclear.

What if my previous employer revokes the I140 before the new employer gets a chance to file my Labor? In that case can I port the I140.

Also without a copy of my previous I140 approval, how can I claim (what will be the proof) for porting my priority date?

[martinvisalaw]

Originally Posted by greenleaf81

What if my previous employer revokes the I140 before the new employer gets a chance to file my Labor? In that case can I port the I140

Employment-based visa petitions filed under the EB-1, EB-2, or EB-3 categories are entitled to the earliest priority date where a subsequent immigrant visa petition in any of these categories is submitted, unless the prior petition was revoked due to fraud. The first employer withdrawing the I-140 should not prevent you recapturing that priority date.

Priority dates are not transferable to the EB-4 or EB-5 categories, or family-sponsored visa
petitions.

You will need some way for CIS to identify the earlier I-140, and the receipt number should be enough.

[greenleaf81]

Originally Posted by martinvisalaw

....unless the prior petition was revoked due to fraud. The first employer withdrawing the I-140 should not prevent you recapturing that priority date.

Priority dates are not transferable to the EB-4 or EB-5 categories, or family-sponsored visa
petitions.

You will need some way for CIS to identify the earlier I-140, and the receipt number should be enough.

Thanks for clearing bunch of things Elaine! I really only have the receipt number, so when I do transfer I will mention it to CIS for porting my date.

What is meant by revoking the I140 due to fraud, fraud on my part or fraud on the employers part...how would we know it?