Re-use of previous priority date

footballfan_kb

Registered Users (C)
I used to work for another company where I had my labor and I -140 approved and my priority date was in July' 2002. I moved to my current company last year and my current company is applying for my Green card. I have just got my labor approval and in the process of filing my I -140. I have a copy of my old I - 140. I was thinking of using that Priority date in my current I -140 application.

Unfortunately, I found out my previous company has used my approved labor for some one else and that person has already got his Green Card. I am confused whether I can still use previous Priority date or not.

If I can't use it, I am also interested to find out what would happen if someone tries to reuse PD even though the old labor was substituted?

If anyone has thoughts on this, please share. I would greatly appreciate them
 
You can still use the PD

Yes, although your labor has been substituted for someone else, you could still use the priority date from your previously approved I-140.

Once the I-140 is approved, that priority date "permanently" belongs to the beneficiary.

As a matter of fact, I am filing my I-140/I-485 based off of my old I-140 that has a priority date of 2001. As in your case, my labor has also been subsituted.

No company would let a Labor Approval go waste. The first thing they try to do is to use it to attract a potential new hire.

Good Luck

NJDude
 
Did your old company withdrew your approved I-140. Do they intend to do that in future ?

If answer is yes for any of above then you loose the PD.


footballfan_kb said:
I used to work for another company where I had my labor and I -140 approved and my priority date was in July' 2002. I moved to my current company last year and my current company is applying for my Green card. I have just got my labor approval and in the process of filing my I -140. I have a copy of my old I - 140. I was thinking of using that Priority date in my current I -140 application.

Unfortunately, I found out my previous company has used my approved labor for some one else and that person has already got his Green Card. I am confused whether I can still use previous Priority date or not.

If I can't use it, I am also interested to find out what would happen if someone tries to reuse PD even though the old labor was substituted?

If anyone has thoughts on this, please share. I would greatly appreciate them
 
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