Priority Date

[Steven Kay]

I shall be very thankful for answers to the following questions:

1. Can someone with an approved I-140 that was subsequently withdrawn due to layoff request the old priority date from the underlying LC for their GC application with a new employer?

2. Do you know any cases with similar situations for whom the USCIS has successfully granted the old priority date?

 

[TheRealCanadian]

Can someone with an approved I-140 that was subsequently withdrawn due to layoff request the old priority date from the underlying LC for their GC application with a new employer?

Yes; if the I-140 withdrawn by the employer and not by USCIS due to fraud, then for portability purposes USCIS will consider the old PD.

Do you know any cases with similar situations for whom the USCIS has successfully granted the old priority date?

I don't know of any cases here, but I believe that either an implementation memorandum or a Q&A letter with AILA referred to this situation.

 

[Steven Kay]

Yes; if the I-140 withdrawn by the employer and not by USCIS due to fraud, then for portability purposes USCIS will consider the old PD.



I don't know of any cases here, but I believe that either an implementation memorandum or a Q&A letter with AILA referred to this situation.

TheRealCanadian thank you so much. You have been very helpful.