My I-140 was approved in 2009 but I left US in October 2009. Can I reapply and get my previous priority date

[bob333]

My I-140 was approved in May 2009 for EB2 category, but unfortunately I lost my job and left US in October 2009. I intend to return back to US and if my new employer file a new petition I-140, would my priority date can be retained from the original approved I-140. The current priority dates are 2012 for India. Would I get my priority date as current based on my previous approved I-140.

 

[wagecuck3]

Yes, the old priority date can be retained, unless the I-140 registration was terminated at some point, in which case the priority date cannot be retained.

Termination of registration occurs when petitions have been sent to NVC and are not acted on within 1 year of the date becoming current. If your I-140 was not sent to NVC, then it probably was not terminated.