EB3 I-140 revoked, any chance to capture this PD when doing another EB2?


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I got my I-140 revoked by previous employer when I did the AC21 with the new employer. Subsequently, my I-485 was denied and did I-290B to get them reopened.

Seems like EB3 is not moving any where, my new employer is wiling to do a new GC in EB2. Was wondering if I can capture my old PD (Jan 2005).

I am going to talk to our company lawyer but was wondering if this is possible as previous I-140 was revoked after approval and since porting is based on I-140 approved.

Thanks in advance.

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I found the answer from murthy.com at


Hopefully people like me in the same boat, can get some guidance and move forward.

To summarize:

There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

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