vpatel Posted March 24, 2015 Report Share Posted March 24, 2015 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. Link to comment
ashuneel Posted March 24, 2015 Report Share Posted March 24, 2015 Your employer does not have a clue. Link to comment
pontevecchio Posted March 24, 2015 Report Share Posted March 24, 2015 You are correct. Link to comment
vpatel Posted March 25, 2015 Author Report Share Posted March 25, 2015 Thank you for your input! I think my employer just don't want my GC processed sooner. Link to comment
ashuneel Posted March 26, 2015 Report Share Posted March 26, 2015 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. Link to comment
vpatel Posted March 31, 2015 Author Report Share Posted March 31, 2015 Thanks, In this scenario i can still port my priority date for EB3 to EB2 right? Link to comment
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