Priority date porting issue after employer change


naresh2success

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Hello,

I was working for an Employer A and my green card was filed with them in EB2 Category in Jan 2014, I140 was later approved in Mar 2015 and revoked in Jan 2017. However, I have joined Employer B in Oct 2016 and they filed my Green Card in EB3 Category and they applied for my I140 and it was approved in Sept 2018 with priority date of May 2018. Here i am not seeing initial priority date of Jan 2014. I have reached out to my employer attorney asking them why i am not seeing the date as expected. Here is their response.

"I have followed up with our government liaison and will forward their response once they receive" - What does this mean?

Thanks.

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The law allowing for one to keep the priority date was changed effective from January 17, 2017. However, the law's requirement of 180 days is post approval of the I-140 and post January 17, 2017. USCIS has been known to take the position that withdrawals causing revocations that happened before the new law or less than 180 days after the new law went into effect do not allow one to transfer the priority date.

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