I140 Porting Roles Are Responsbilities ( Help Full Info For All Of You

[massmaharaj]

Maintenance of Priority Date with New Employers

An LC is only valid for the alien AND the position for which it was filed. An approved LC cannot be used by another employer, another alien, or for another position. However, the priority date established by an LC can be used by an alien seeking employment from another employer. As discussed above, an LC which is filed in support of an approved I-140 confers to the alien a secured priority date based on the date of LC filing. This priority date can be used by the alien even if another LC is filed on his/her behalf. 

Example: 

Company C files a PERM for alien beneficiary Jones on 5/7/2008. The PERM LC is approved. Company C files an I-140 for Jones within the LC’s original validity period and it is also approved. Thus, Jones has a priority date of 5/7/2008. While waiting to file an I-485, Jones finds a better employment opportunity with Company D. In order to sponsor Jones for a green card, Company D will have to file its own PERM and I-140 petitions. Company D gets a new approved PERM and files a new I-140, which is also approved on 10/12/2010. Even though Jones is now being petitioned for based on employment with a different employer, he can still use the priority date established by Company C’s earlier PERM filing. Jones maintains his 5/7/2008 priority date regardless of the fact that a new, separate LC was filed on his behalf by a different employer. 

It is important to note that to maintain the priority date of a prior LC/I-140 approval it is not necessary that the new employment opportunity be similar or related. For instance, Employer A could file an approved PERM LC and subsequently an approved I-140 for an alien for the position of junior grocery bagger. Then, Employer B files approved PERM LC and I-140 petitions for the alien for the position of chief neurosurgeon. Regardless of the fact that these two positions are wildly different in duties and requirements, the alien will still be able to maintain the early priority date based on prospective employment as a cashier. 

- See more at: http://www.hooyou.com/lc/articles/maintaining-a-priority-date.html#sthash.9HqSqBEF.

 

 

 

http://www.hooyou.com/lc/articles/maintaining-a-priority-date.html

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[MeetFriendz]

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[Khadgam]

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[massmaharaj]

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[Simple123]

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[afuser]

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priority date is important immaterial of how many PERM & 140 you apply

1) with different employers.

2) E3/E2