Priority date porting

K

kumar3084

New Member
Hi Friends,

My 140 got approved with Company A and i recently changed job to Company B, Company A already revoked the 140. Can I retain the priority date when company B files for GC ? is there any time limit before which company B has to apply the GC. Please share your experiences.

Thanks
 
As far as I know and understand, the PD is your to keep forever regardless of the status of I-140. So yes you can retain the date but you have to start the GC process all over again that is starting with PERM. Talk with the company lawyer or seek professional advice.
 
Hi,

In the last months conference call(July 14), Mr.Rajeev S Khanna was mentioning, that USCIS might have changed their mind recently on retaining priority date if the old one cancels/revokes approved I 140. I think, this was for some cases only, as few of them got approvals recently(saw in a different forum) even though the old one cancelled their I 140.

So, not sure if that holds true for all the cases. I have checked with other attorneys and they say, there was no change in the rules recently though and it should be fine to retain the old priority date even though the old one cancels it, provided we have the copy of the old approved I 140 petition. Looks like, there is still no clarity on this.

Can some one who had a recent experience on this, please share their thoughts..

Thanks!
 
I am also getting contradictory information from the people I talk. I think there is a 5-10% risk of losing PD for non fraud reasons if the immig officer takes a detailed look of if the previous I 140 is cancelled/withdrawn.

My question to experts is "when one will lose his priority date forever?"
any information/links to look will be appreciated.

Have a great day!
 
Hi,

I have asked this question on Rajiv's conference call yesterday and he says that USCIS is creating some problems in porting the date if old employer cancels/revokes I 140, unless they have changed something in the last 15 days. But, again, he says, there is nothing in writing that says that USCIS has changed their stand recently.

Please listen to the recording(Aug 15th conference call, from the conference call section on this website) for first 5 mins and you will hear his answer on this question.

I am in a really confused situation as different lawyers have different opinions on this.

Any comments/suggestions please?

Thanks for your help!
 
Unless there is fraud determined or wilful misrepresentation, priority date will be retained, please see this from USCIS interoffice memorandum HQPRD70/6.2.8
"In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation".
 
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