I-140 Priority Date transfer to new employer

[sudheers]

Hi,

 

I have been working with my current employer for last 5 years. They applied my Labor and

I-140 is approved with Priority date as Mar-2012.

 

I got a full time job offer with a new employer and they applied my H1B and its approved. They haven't filed my Labor yet.

 

I told my old employer that I am leaving and they told me they will revoke my I-140.

 

Can my new employer during filing Labor, use my old employers I-140 priority date even though my old employer revoked my I-140.

 

 

Thanks,

Sudheer

[pontevecchio]

Yes.

[sudheers]

Yes.

Hi,

 

Thanks for the reply. Could you elaborate it instead of saying 'yes'.

 

Thanks,

Sudheer

[pontevecchio]

You made many statements and had one question which I answered with a Positive. Yes, You retain the PD of an approved I-140 in any category for a subsequent filing in any category....In the absence of fraud.

[ashuneel]

Old priority date does not matter at the labor filing stage. Only case old priority date cannot be used is if USCIS revokes the I-140 for fraud.

[pontevecchio]

Just to add the old PD is of importance at the time of filing the new I-140 which would seem self evident though not always clear to people.

[Developer9]

Hi Everyone,

 

I am in the same situation and looking for options after 140 stage.

 

This is my understanding below:

 

1.After I-140 is approved with an Employer 'A ' ..We can use that Priority Date (PD)  with new Employer 'B' unless USCIS Revokes it .

 

 

2.After Employer 'B' Files for H1B with approved status ,Employer 'B' has to file Labour with new position and job role ..In this case PD and I-140  with Employer 'A'  is still use for Current Employer 'B' .Once GC date is current ..Employer B has to file for I-485 .

 

Please comment on this one ..I could be wrong on my understanding

 

Thanks everyone taking time to share the knowledge

 

[pontevecchio]

B has to file LABORakaPERM.  On approval B has to file an I-140 and get it approved. Then you get to use thew previous PD.

[Developer9]

Thank you for the clarification .

 

So When there is a employer change ,Its new process again only PD is useful .