Can ex-employer revoke approved an I -140?

UPDATED: Apr 7, 2012

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Can ex-employer revoke approved an I -140?

I am currently working in company A under H1B working visa and I already have an approved I-140 but my priority date is not open yet. I am planning to move to company B. Can I transfer my labor certificate and priority date to company B? Can my new employer keep my labor cert and priority date? Can company A revoke everything? How can I prevent them from revoking my I140?

Asked on April 7, 2012 under Immigration Law, Washington


Gene Meltser, Esq. / BIRG & MELTSER

Answered 10 years ago | Contributor

No, unfortunately,under Portability Rules, unless your I-485 is pending for over 180 days, you may not port your approved I-140 to a new employer without loosibg your priority date, unless you have a good reason for going to a new company (other than just money or better work environment etc) and your current employer will continue with bona fide job offer (and you continue wanting to take the job adter you get a GC) on which the Immigrant Petition is based even though you do not work for them now. Said that, however, this scenario is rare and very hard to show as bona fide. The short answer is a NO. Please feel free to cobtact me at [email protected]


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