I140 validity after PD is current

Discussion in 'General I-140 and Related Issues' started by Ritwik, May 5, 2018.

  1. Ritwik

    Ritwik New Member

    Company A filed my I140 in EB3 category and was approved in Sep 2010. I left the company and US in April 2012. Company A never revoked or withdrew my I140 till today so it should be in valid state. Now I am planning to reenter US with new H1B from company B based on Company A's I140 approval. Company B will eventually file a new PERM for me and I plan to reuse my old priority date. But all this will take some and the rate at which EB3 PD is progressing, I feel my date will be current very soon. So my question is whether there is any time-frame by which I can reuse my old priority date after it becomes current?
    Example - if Company A's PD becomes current in 2019 and company B's I140 gets approved in 2021 can I still reuse that date. I heard that after PD is current we have to take action within one year or it gets invalidated - Is that a correct statement?
  2. whitemimauz3

    whitemimauz3 Registered Users (C)

    As long as company A's I-140 is not withdrawn by employer or revoked by USCIS & position is still open for you to accept you can still file I-485 whenever priority date becomes current. Problem that could arise is USCIS could ask whether employer continues to have ability to pay proffered wages from filing of labor certification until I-485 is approved.

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