Retaining old priority date is available, after i140 denied and refile i140?


New Member
Hellow? I am nurse who is planning to migrate to USA for 'skilled labor',EB3.

My employer and layer filed my i140 petition but, on august it asked me rfe and yesterday they denied.

Our priority date was 2016.Feburary, and we are planning to refile i 140 but i wonder is it available we can retain our earlier Priority date. If it is unavailable, we should get priority date about 2017..

My employer and layer said i can retain my previous priority date even if i refile my i140 again. But as i know, only the case priority date retain is when i140 is approved.

is there any way that we can keep our ealier priority date? or if we refile it, is it available?