Porting old priority date

CodeIMG

New Member
Hello Team, I am having some issues related to porting my old priority date. Can you please provide some guidance on this?

I am having a priority date with my previous employer dated April 25 2011. My previous employer applied for 140 in July 2011. In 2012, I left India. In December 2012 my previous employer withdrew my 140. I returned to the USA in 2017. My current employer started GC process and got a new priority date - 07/20/2020. He applied for I-140 requesting to retain the old priority date. Today I received my I-140 with my new priority date. My attorney contacted the premium service desk and requested for correction. But I would like to know

  • What are my options?
  • why this might have happened
  • What can be done to retain the old priority date?
  • In what cases USCIS denies retaining old priority dates. ( My old 140 was withdrawn after 180 days.)
Any information on this can be highly appreciated.
 

whitemimauz3

Registered Users (C)
USCIS ports priority date automatically when subsequent I-140's are filed. If your employer or attorney brings to USCIS they will issue corrected oldest priority date.
Only in circumstances where fraud or misrepresentation is present USCIS does not ports priority date.
 

CodeIMG

New Member
USCIS ports priority date automatically when subsequent I-140's are filed. If your employer or attorney brings to USCIS they will issue corrected oldest priority date.
Only in circumstances where fraud or misrepresentation is present USCIS does not ports priority date.
Thank You for your Reply. Misrepresentation from who's side? Mine or old company? If I understood correctly, My old company is a Body Shop. Do you think it might effect my porting if there is any misrepresentation from my old company side? FYI - My old 140 was approved at that time and it was with drawn after 180 days. Priority date is my property isn't it? Do you think it might effect if old company has any misrepresentation from his side? Does it effect my porting?
 
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CodeIMG

New Member
How can we know if there is any misrepresentation? When I checked in USCIS case status, it is clearly stated that my old priority date was with drawn on Dec 12.
 

whitemimauz3

Registered Users (C)
Its only the employer who could know. Technically I-140 belongs to employer so USCIS might have notified employer about some issue due to which priority date is withdrawn.
 

CodeIMG

New Member
Thank you for prompt reply again. Back in 2012, my employer at that time mentioned that he will be with drawing my I-140 because I left USA and I don't have plans at that time to come back. So my employer at that time was initiated to with draw my priority date not USCIS.

It is my understanding that, he can't with draw my priority date. All he can do is withdraw I-140 which belongs to his company. Even if there is a fraud/misrepresentation, the USCIS case status page has an update w/ that. All it is showing is, my case has been withdrawn. More over, my previous company is currently running and they are processing H1B/GC's.

I do understand that USCIS will port old priority date (I have seen from my friends who moved to a new employer and ported successfully). Its just hard to believe its a clerical error because lot of events happened in my case. At the same time, I don't have any evidence that some thing (fraud/misrepresentation) happened. At this time I don't have any questions. All I can do is wait for response from my USCIS. I will keep this post updated. Thanks again.
 

gnkdr

New Member
Perhaps this is a relevant place to ask.
Eb1a filed Dec 2020 (first priority date), eb1b filed apr 2021 with concurrent i485 (as dates became current) but eb1a withdrawn (long review time and to avoid delays with i485) after filing eb1b. Eb1b approved first and then eb1a approved next day. The withdrawal for eb1a is still being processed (they had not seen perhaps when reviewing) but priority date on eb1b although filed in Apr 2021 has been given the old priority date of Dec 2020. The dates are current though. Since the dates are current, will it matter if eb1a is withdrawn?
Eb1b approval is linked with the concurrently filed i485. Will the priority date need to be amended to request to Apr 2021 or it doesn't matter since dates are current for India for i485 filing/final action or is this an automatic process?
 
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