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sheridan 6 Comments Congrats, your old i140 from 2008 was active while u filed new i140? And in new i140 you got PD as 2008?
Please let me know. My husband is in similar boat and need to know if PD is retained, when old i 140 is withdrawn by employer.
Arpita
Thanks for the wishes. I my case my I-140 was active so I was able to transfer my H1B to new employer and continue to work on H1B visa. I even renewed once with new employer.
Porting the old Labor Certification date (PD) is nothing to do with old I-140 even if the old I-140 is not applied or in process. Important is old Labor Certification is approved and you can retain that date for porting from EB3 to EB2 or for new employer I-140 filing.
Old I-140 approved and staying active is to do with the new employer H1B transfer. Once its transfer you don't have to worry.
I would suggest to take this information and have a discussion with your lawyer. This information is according to my limited knowledge.
I hope I answered your question.
My husband did the same, got his new h1 transfer and h1 ext based on old I140. After that old employer withdrew the old I140. So status online for old I140 is "withdrawn".
Now new employer is planning to place the EB2 I140 this week , and for the same would like to know if PD will be retained from old I140.
Arpita
Hi Arpita,
Yes of course old PD will be retained. He should be fine with no issues.
All the Best for your husband & your family.
Ok, thank you so much for this info sheridan :)
Arpita
Can I ask you if your old 140 currenly shows which status?
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