ForFriend Posted October 22, 2021 Report Share Posted October 22, 2021 Asking for a friend, When working in US, Perm was filed and I-140 was approved. He went back to India for good ( 4 years ago) I-140 has been revoked by employer. He doesnot have active an H1-B or any other visa anymore. Question: If in future, he comes and work in US will he be able to use his priority date ? Even though the queue has already moved forward. Quote Link to comment
Zodiac System Posted October 25, 2021 Report Share Posted October 25, 2021 (edited) If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked. Edited October 25, 2021 by Zodiac System Quote Link to comment
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