New green card process old I140 priority date


vpatel

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I had my I140 approved in EB3 4/5 years back and had to leave USA since then.

 

My employer recently told me he won't be able to use my old priority date since i was out of country for many years since my I140 was approved and i am currently on new H1B petition.

 

I was out of USA for about 4-5 years before getting in USA again on new H1B and new employer, Is he telling truth?

I thought once i have I140 approved priority date can be used later unless it is revoked on fraud issues, is that not right?

 

Thanks for your inputs.

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Better to find new employer. You may also ask the employer to start PERM process and get through I-140 stage. Priority date will get used only at I 485 stage and you can make your case when the dates become current. It does not benefit you to prove your point at this stage. Play along with the employer's assumption.

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