2 Approved 140s, Can I used older date after AC21

[GreenCardVirus]

This is a tricky situation I found myself recently.
-- Entered August 1997

-- End of 1999, 1st company, Labor filed for me and approved EB3

-- 140 applied and approved on that labor in another 6 months or so. I found
this very recently when I called Customer Service and they got confused
and asked if my 140 from from "my great old company" and I believe they
said it was approved.

-- I quit that comany as there was a waiting of 3.5 years to apply for 485
because of PD backlog. (Biggest mistake of my life)

-- Later filed labor with 2nd company from NY in May 2001. Company closed branch after 9/11

-- Joined 3rd company in June 2002, filed labor in EB2, then got 140 approved, filed 485, got stuck in NC/Retrogression, used AC21, 485 Denied and reopened, currently stuck in EB2 retrogression (unavailable) and life is going on

My Question:
I recently found that I have a 140 approved in 2000 on my name. Also they said my NC "appeared" to be cleared. I also gave fresh set of FP.

Come October, if I find my June 02 EB2 retrogressed, can I ask for a New PD for my case at this stage based on old approved 140?

 

[ginnu]

This is a tricky situation I found myself recently.
-- Entered August 1997

-- End of 1999, 1st company, Labor filed for me and approved EB3

-- 140 applied and approved on that labor in another 6 months or so. I found
this very recently when I called Customer Service and they got confused
and asked if my 140 from from "my great old company" and I believe they
said it was approved.

-- I quit that comany as there was a waiting of 3.5 years to apply for 485
because of PD backlog. (Biggest mistake of my life)

-- Later filed labor with 2nd company from NY in May 2001. Company closed branch after 9/11

-- Joined 3rd company in June 2002, filed labor in EB2, then got 140 approved, filed 485, got stuck in NC/Retrogression, used AC21, 485 Denied and reopened, currently stuck in EB2 retrogression (unavailable) and life is going on

My Question:
I recently found that I have a 140 approved in 2000 on my name. Also they said my NC "appeared" to be cleared. I also gave fresh set of FP.

Come October, if I find my June 02 EB2 retrogressed, can I ask for a New PD for my case at this stage based on old approved 140?

---------------- if the old I-140 is not revoked you can claim early PD, you need the copy of approved I-140 so that you or your lawyer can send the copy of early I-140 and can claim early PD and that copy of I-140 should be attached to I-485 file.