Skip to main content

I have say I-140 approved (PD fixed) from Company A. If I join B, later C and C starts GC process. Will PD still be portable?

San Francisco, CA |

Currently on H1B. Basically my question is, -> is there a expiry date for I-140. After getting first I-140 approved, what if I leave the country and come back later on H1 - can I still reclaim the old PD if I start the GC process again ? What if I switch to F1 for couple of years and then get back on H1?

Attorney Answers 3

Posted

Priority dates for approved I-140s in the first three preference categories may generally be retained for subsequent I-140 petitions. Consult with an attorney for more information.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

You really need to pay an attorney to get the answers to the questions you are requesting. Specifically, hire an attorney or speak to the one representing your employer. You are dealing with rather complex matters.

Even if an attorney does give you an answer it will be with a disclaimer. Accordingly, you will have no assurances to the accuracy of the opinion.

Good luck

Legal disclaimer: Mr. Zapata's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Zapata's statement above does not create an attorney/client relationship.

Mark as helpful

3 lawyers agree

3 comments

Asker

Posted

Thanks Mario. Any insight into the main question about A, B, C employers would be useful.

Mario Steven Zapata

Mario Steven Zapata

Posted

Your question is unclear. Are you asking if the I-140 is portable? If so, my opinion from the top of my head is no. I'd need to research the issue to confirm an answer but these are the type of things you pay an attorney to do. Plus you have several other question. The attorneys involved in the case are best suited to answer your question

Asker

Posted

Thanks Mario. I am referring to porting of Priority Date after I-140 is approved.

Posted

I think you need to be clear that the rules on labor certification and temporary work visas are absolutely not created to be either convenient or flexible. The series of "what if" questions you pose are not likely to be workable in any part of the employment immigration system I know of. Learn the rules first, then begin developing your plans and expectations.

Mark as helpful

1 lawyer agrees

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics