Can I use Priority Date after employer revokes 140

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sashi2020

New Member
Can I use Priority Date after employer revokes 140
Hi Friends
Please help me .I have approved 140 but 485 is not filed because of the retrogression.I wantot move another company .My employer is a tougher one he wants to revoke my 140.
Please let me know if can I use my priotity date even if my employer revokes the 1-140.
Iam filing my labour again with a new compnay but Iam interested in retaining my priority date.
Thanks in advance for a your help
Regards
Sashi
 
Hello Folks,

I am considering changing jobs, my I-140 and I-485 were filed in August 2004 and I-140 is approved last July. What happens if my present employer decides to revoke my I-140? My 6th yr H1 will expire in April.

Thanks for your help,
GCALB
 
Hello Friends,
You can retain the priority date of 1-140 with your new filing. The only thing is it should have been approved. Even if the company revokes after its approved it should not be a problem. In anycase ask your attorney to make a call on this... i just wanted to provide you this assurance.

Secondly the I-140 & 7th year extension based on I-140 approval there are mixed reaction. Many of them claim that as the h1b approval is based on a i-140 approval and if that itself is revoked then it doesnot hold good... Not 100% sure. Better to use the EAD if you have one and relax.

Iaminq
 
How long should the previous 140 stay not being invoked?

I understand the old employer should not invoke the 140 when apply a new 140 and 485 in order to use the PD. But I was wondering how long the old employer has to keep the 140 petition for me to be safe? I am thinking of doing a future employerment through another employer to refiling LC EB2 and 140. My current LC EB3 is approved and 140 is pending. I plan to join the new employer when the new 140 with the old PD is approved, but not sure of the old employer would invoke the 140. If so, am I still safe. I asked a lawyer assistant, she said, I have to make sure the old 140 is not inoked until I got 485 approved or reviewed. Otherwise the PD will be lost if the old 140 is invoked by then, then I would fall back to EB3 retrogression again. Any ideas, thanks very much.
 
How to get detail for I140. I understand it is from employer and depends on employer to provide the info. Is any other way?
 
unique situation

My 140 is pending (moved to TSC from CSC) and I got laid off. My employer is not revoking my 140. Now if 140 gets approved ( by gods grace no RFE etc). I understand that I can take the PD to another company. I have heard that , I can file 485 with the new company if the job nature is same. Is that true?
With approved 140, how fast is the LC+140 processing if moved to a new company?
 
permfiling said:
My 140 is pending (moved to TSC from CSC) and I got laid off. My employer is not revoking my 140. Now if 140 gets approved ( by gods grace no RFE etc). I understand that I can take the PD to another company. I have heard that , I can file 485 with the new company if the job nature is same. Is that true?
With approved 140, how fast is the LC+140 processing if moved to a new company?
Click to expand...
LC+140 will still be standard. About 6 months on PERM + whatever time it takes TSC to process your I140. But that 6 months of PERM process will keep you waiting. Then when you file I140, you should be able to use your old PD with it.

Also, I am in the same position. Lets Keep each other updated.
 
Can I re-apply under Perm in EB2 and use old PD from approved Labor

Hi! arouncoumar and others.

My Labor and I-140 is approved with a PD of Oct/2003 under EB3 catagory.
I am eligible to re-file Perm under EB2. If I re-apply with same employer under EB2 can I still keep the old PD of Oct/2003?
If "YES" what is the process/steps?

The reason why I am trying to do this as my visa # is current under EB2.

Where can I find rules/documentation for the above?

Please help / advise.
 
sfdarali..

When you move to a different employer, you could carry your EB3 PD and apply it to a EB2/1/3 . Thats possible. Dont know if you could do the same with moving employers..
 
arouncoumar- As per your response you are not sure if I can use the old PD if I re-apply with my current employer with whom I already had approved labor and I-140...is this correct or you or any one else disagree with that?
 
arouncoumar said:
sfdarali..

When you move to a different employer, you could carry your EB3 PD and apply it to a EB2/1/3 . Thats possible. Dont know if you could do the same with moving employers..
Click to expand...

typo. It should read
"When you move to a different employer, you could carry your EB3 PD and apply it to a EB2/1/3 . Thats possible. Dont know if you could do the same with existing employer "

To add, within an existing employer, it might be. I just dont know for sure. This is the closest to any kind of links that I found regarding retaining old PDs http://murthy.com/news/n_nscins.html
 
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