Can I use my old priority date?

[gkgowdar]

EB3
Labor applied Dec 1999
I-140 approved May 2001
Laid off Mar 2001(yes Mar 2001)

Can I use my old priority date with a new employer?
Thanks

 

[catch_22_4_GC]

Yes, you can use the previous PD as long as the I-140 was approved. Such a PD belongs to the employee and not the employer. So you can use it to your advantage. This is outlined by USCIS by something called the 'Pearson Memo' - 'Retention of Priority Dates'. You may have to provide proof of earlier filing and I-140 approval. If you dont have proof, file for informatian from USCIS based on FOIA.

http://www.murthy.com/news/UDinsigs.html