My Perm was was filed in 2007 and my priority date is September 2007. I have an approved I-140 which wasn't revoked by my employer. I had to leave US in 2016 due to personal reasons. I quit my job and left the country in November of 2016. Just wanted to understand how long can I continue to use my approved I-140 and my priority date? My I-140 was approved in June 2008 and I am 100% sure that it hasn't been revoked by my employer. I worked for the same employer for the entire 10 years. Any information will be helpful. I am not sure if I want to go back to US but if I did I would like to understand if I would be cap exempt and if I can use my 2007 priority date.
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I140 & Priority date question
- Thread starter giri26
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- i140 perm priority date
whitemimauz3
Registered Users (C)
Normally whenever priority date becomes current an individual would file I-485 if present in US or if outside US requests for consular processing.
Option 1
Filing I-140 stems out from job offer from an employer so if that job offer remains open, then employer should request to move approved I-140 from respective USCIS service center to NVC for consular processing by filing I-824. After approval of I-824 file moves to respective US consulate for issuance of immigrant visa.
The big question in this route is employer should continue to have ability to pay proffered wages from date of labor certification filing & continues until I-485 is approved or immigrant visa is issued.
Second option is your employer to file H-1B under AC21 since I-140 is already approved & not subject to H-1B quota. I believe AC21 helps for citizens from retrogressed countries to file H-1B beyond 6 years of stay. So technically USCIS could deny petition saying you are no more subject to retrogression & not entitled to AC21 provisions since your priority date is current since long time.
I believe option 1 is better for you unless you want to try option 2 first.
Option 1
Filing I-140 stems out from job offer from an employer so if that job offer remains open, then employer should request to move approved I-140 from respective USCIS service center to NVC for consular processing by filing I-824. After approval of I-824 file moves to respective US consulate for issuance of immigrant visa.
The big question in this route is employer should continue to have ability to pay proffered wages from date of labor certification filing & continues until I-485 is approved or immigrant visa is issued.
Second option is your employer to file H-1B under AC21 since I-140 is already approved & not subject to H-1B quota. I believe AC21 helps for citizens from retrogressed countries to file H-1B beyond 6 years of stay. So technically USCIS could deny petition saying you are no more subject to retrogression & not entitled to AC21 provisions since your priority date is current since long time.
I believe option 1 is better for you unless you want to try option 2 first.
whitemimauz3
Registered Users (C)
You definitely can go through lottery & you know how lucky you have to be take a number from pool.
Priority date will remain with you for life time unless if USCIS comes and revokes for fraud or misrepresentation.
Priority date will remain with you for life time unless if USCIS comes and revokes for fraud or misrepresentation.
Thanks again for the option 2, people who lose their job when their date is current can still avail AC21 right? The frustrating part is that I was in the US for 14 years and 11 years in H1B with the same company before I had to resign and leave due to personal reason. But again people who lose their job when their priority date is current should be able to avail AC21 with the new employer to actually apply for AOS right? People losing jobs can happen any time.
whitemimauz3
Registered Users (C)
I doubt if AC21 is available for you. As I said it is available for countries with retrogression. USCIS could hit you back saying since your priority date is current, do AOS or consular processing but not H-1B.
LeroyFernandez
New Member
Under the American Competitiveness in the Twenty-First Century Act (AC21), you can generally retain the priority date of an approved I-140 petition if it has not been revoked for fraud, misrepresentation, or material error. This means that if you decide to pursue an employment-based green card in the future, you may be able to use your earlier priority date from 2007.My Perm was was filed in 2007 and my priority date is September 2007. I have an approved I-140 which wasn't revoked by my employer. I had to leave US in 2016 due to personal reasons. I quit my job and left the country in November of 2016. Just wanted to understand how long can I continue to use my approved I-140 and my priority date? My I-140 was approved in June 2008 and I am 100% sure that it hasn't been revoked by my employer. I worked for the same employer for the entire 10 years. Any information will be helpful. I am not sure if I want to go back to US but if I did I would like to understand if I would be cap exempt and if I can use my 2007 priority date.
Regarding the duration of the I-140 approval's validity, there is no specific expiration date for the I-140 itself. However, the ability to use the I-140 approval for certain benefits, such as filing for adjustment of status or obtaining an H-1B extension beyond the standard six-year limit, depends on various factors, including the availability of visa numbers and your eligibility at the time of application.