Is it possible to maintain PD based upon approved labor?

I

info789

Registered Users (C)
My labor (with priority date May 2002 from my previous company) has been approved on Sep 2005.
As per my knowledge the I140 was not applied by the previous company or I do not have the case number for it. I left the Job in Mar 2006.
I needed to know if there is a way to utilize the old priority date based upon the approved labor.
this would be really helpful as the priority date is current right now.
 
1. To retain the old PD should the I140 be approved when employed there or later also. My labor (PD is Sep 2001)is approved and I140 is filed now. But I have been laid off. So, will be able to carry the the Sep 2001 PD to my new company. What proof do I need?

2. When will this PD be used? At the time of filing a new LC with a future company or I140.
 
arouncoumar said:
1. To retain the old PD should the I140 be approved when employed there or later also. My labor (PD is Sep 2001)is approved and I140 is filed now. But I have been laid off. So, will be able to carry the the Sep 2001 PD to my new company. What proof do I need?

2. When will this PD be used? At the time of filing a new LC with a future company or I140.
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1. If you were laid off and your old company still exists, there is a very little chance that your old company made you an favour and did not file revoke.

You can carry your Sep 2001 pd to new employer only when I-140 is approved and you have approval notice of the I-140 from yuor old company.

Otherwise you carry NOTHING with you to your new company.

2. Only when you file I-485 adjustment of status.
 
sfmars,

The Sep 2001 was a substituted labor. They used that to file I140 on Jan 06. So, will I be eligible for 7th yr extension from a new company based on the Sep 2001 approved labor. Would that work?
 
arouncoumar said:
sfmars,

The Sep 2001 was a substituted labor. They used that to file I140 on Jan 06. So, will I be eligible for 7th yr extension from a new company based on the Sep 2001 approved labor. Would that work?
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It can work only if your I-140 (filed by your old company) is pending more than one year. As for substituted labor and 7th year - It will not work.
 
unitednations said:
That's not correct. You can use the priority date of the labor (person gets original priority date in labor substitution cases) for purposes of 7th year extensions and ones line in greencard.
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USCIS said before that priority date is not transferable. What makes you think that is not true now ? Can you find reference on www.uscis.gov to prove what you said ?
 
1. My employer wont revoke I140. Say I join a new company now, then 6 mos later the old I140 gets approved, then I should be able to use the old PD(Sep 2001). Is it necessary that you must be employed with old employer at the time of I140 approval? I dont think so. But, pl confirm.

2. Also, what documents am I expected to ask my old employer so that I can retain my old PD?
 
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