Porting of PD upon I-140 withdrawn

[saip78]

Hi all

 

I have a simple question, My previous employer filed to USCIS to withdraw my previously approved I-140 and I could see that USCIS Acknowledged the withdrawal of my application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER based on the USCIS case status (as I know the receipt number).

 

Please let me know if I can port the Priority Date (PD) of the previously approved I-140 inspite of withdrawal of this application.

 

Your expert comments are very valuable.

 

Thanks

 

Pradeep

[jairichi]

Yes, you can.

[pontevecchio]

Yes. But the process starts from start.

[Attorney_22]

Provided the I-140 was withdrawn by the employer, you should be eligible to retain the priority date in future labor certification filings.

[saip78]

Thanks to the forum.

 

Lastly, as mentioned I am in a current situation where i have now the labor certification approved and ready to file the I-140 from the new employer. I gave my previously approved I-140 for porting the date but could see from the USCIS case status that the approved 140 is withdrawn by the previous employer.

 

1) Pl suggest me whether i get the porting or not ?

 

2) do you recommend me to go with premium processing or with regular processing for getting information about porting the date instead of waiting long time for regular processing time for I-140.

 

3) I need to have the H1b extension by Sep, 2015 so do you advice me for premium processing or reg processing of I-140 now .

 

Thanks

 

Regards

Pradeep

[jairichi]

1. You will get.

2. It is employer's call.

3. Premium.