Priority Date not ported from previous I-140

[xyzabc1334]

Hi All,

I had an approved I-140(EB2 category) from my previous company C1 with priority date of July 2015. C1 revoked the I-140 in December 2017 saying I can still port the date for subsequent I-140. My current company C2 filed for I-140(EB2) requesting to honor the previous priority date but the approval came with a priority date of December 2017(Notice Date - July 2018). My attorney says that they will file an adjustment to honor the earlier priority date when the 2015 priority date becomes current. My question is:

 

1. Can I ask my attorney to challenge/file an adjustment now, to honor the 2015 priority date?

 

2. If I change employers and move to another company C3 and approved I-140 from C3 has a different priority date of PD3, will I be still able to retain the 2015 priority date, when the date becomes current?

[gouthamsworld]

1. Yes

2. Yes

[pontevecchio]

The date is applicable when the original PD becomes current and in the meantime the date shown will be the date of filing. Next time ask the lawyer in detail if you are not clear about his response.