Is I-140 portable when it has an RFE?

[boss20072007]

Hello Gurus/Experts,

Can anyone let me know if I-140 is portable when there is an RFE asking for employers tax documents? I joined Company A and they did a labor substitution in 2007. However, my H-1B transfer got denied and I am with Company B now.

But my I-140 & I-1485 have been filed thru Company A and were pending. In Jan/31/2009, I received RFE on I-140 asking for Company A's tax docs and the employer is not willing to proceed. I am on good terms with them, but he is scared looking at the economy & tighter scrutiny.

Can I port my I-140 while there is a pending RFE?

Please help answer my question.

Best regards,
GC Aspirant.

[desi3933]

Originally Posted by boss20072007

.....
Can I port my I-140 while there is a pending RFE?

No. Since I-140 is not approved, PD can not be ported.

For details, please refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.