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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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Old 08-04-2012, 01:30 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
10/01/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
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Join Date: Apr 2008
Posts: 24
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Default I-140 Withdrawal Scenario with I-485 pending. Cannot use AC21

Hi-

I have an approved EB3 Perm(May 2005) and I-140. My I-485 filed in 2007 is pending and I have EAD.
I am currently on H-1B with wife on H4(got married after filing I-485).

I applied for EB3 -> EB2 porting with the same employer in Jan 2012, received an Audit in Apr 2012 and responded in May 2012. Waiting to hear back.

I have a job offer from another company. My plan is to do a H-1B transfer based on approved I-140 and apply for a new EB2. I cannot use AC21 because my wife is not on my AOS application.

I told my current employer of the plans and he wants to withdraw my I-140 stating that it is required by law and also added that it will jeopardize my current pending EB2 PERM. His reasoning is, if a DOL officer visits the office for my pending EB2 Audit verification (which seem to be happening now), the fact that I am not with the company anymore will negatively impact my PERM. Can anymore please confirm that?

Also, if my employer revokes the I-140

1. Can I keep my May 2005 priority date for eventual porting
2. Will the pending I-485 be denied on the basis that the underlying I-140 has been revoked, in which case I will lose my EAD and AP

Any insights are greatly appreciated.

Appreciate It.
Thanks
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  #2 (permalink)  
Old 08-05-2012, 02:01 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
10/01/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Apr 2008
Posts: 24
Gator is on a distinguished road
Default

Any answers from guys who were in a similar situation or links to posts even if they partially answer the question are much appreciated.

Thanks
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