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The appeal was dismissed because the Petitioner failed to establish a bona fide intent to employ the Beneficiary at the time the Form I-140 was filed in May 2018, following the sale of the relevant business division in 2017. The record indicated the Petitioner no longer needed web development services and lacked the ability to employ the Beneficiary in the certified role. Legal precedent confirms that portability under section 204(j) does not prevent revocation if the underlying petition was never valid.