i140 Approved by old employer - Can I port the date ? What is the latest on this ?

Hi Guys

I know this has been asked hundreds of times, but since this particular provision has changed a number of times I don’t know what’s the latest trend on this, my situation is the following

I had an approved i140, and the PD (priority date) is of 2008, then I left the USA in 2009 and came back in 2015, to a different employer, my paralegal says that my PD can be ported and the date is current. I want to know the following

a) Is it possible to port this date ?

b) What if the employer has sent a withdrawal notice ? What if the USCIS has revoked it ? I do not see any revocation , when i put in the receipt number online it displays my petition as approved

c) if the answer is yes to a) and b) above and I can port the PD, what are the next steps now ? I know that I will have to file for labor again with the old PD but once that is approved , what happens after that ? Will I be able to go for adjustment of status immediately and get an immigration number ? how long will I have to wait for the GC ?

I know these are a lot of questions, but I am confused.



  1. Yes

  2. Not sure

  3. The employer needs to file PERM, port the old priority date and file another I-140. If the dates are current I-485 can be filed in parallel.