Re-instate revoked I-140 to capture priority date and file I-485

[TranquilPilot]

Hello,

This is my situation:

With my previous employer I had an approved I-140 (EB2) with a priority date of 19-FEB-2012. When I quit that employer revoked the I-140. He did not let me port the priority date for obvious reasons - he didn't like me quitting. 

With my new (current) employer I have an approved I-140 (EB2) with a priority date of 16-JAN-2016. As you can see I lost almost 4 years.

In the latest Visa bulletin EB2 final action date is showing 08-JUL-2012. Which means had I been with my previous employer I could have applied for I-485 and AOS right now!

Now the question: Can I approach my previous employer and ask him to re-instate or re-apply I-140 for me by using the previous priority date that I had (19-FEB-2012)?  

PS: I am ready to bare the costs, if that is even a thing.

 

Peace,

Syed

[pontevecchio]

Revocation of that I-140 has no effect on your ability to retain that PD. US Law lets you retain the PD of a previously approved I-140 in the absence of fraud. He has no connection to your PD retention. Inform your current sponsor's lawyer about the previously approved I-140 ASAP. You should be able to retain the PD.

Your previous sponsor has no role of any kind in the matter.

[TranquilPilot]

On 12/20/2021 at 9:03 AM, pontevecchio said:

Revocation of that I-140 has no effect on your ability to retain that PD. US Law lets you retain the PD of a previously approved I-140 in the absence of fraud. He has no connection to your PD retention. Inform your current sponsor's lawyer about the previously approved I-140 ASAP. You should be able to retain the PD.

Your previous sponsor has no role of any kind in the matter.

Thanks a lot. I mentioned this to my HR. And forwarded them the previous employer's I-797C of approved I-140. The HR in turn contacted the current immigration law firm. This is the response I got from the HR:

"We cannot change the priority date printed on an already approved I-140. I have shared the document with <name_of_the_law_firm> and they can track this date for adjustment."

[pontevecchio]

The approved I-140 for the new employer should have the PD of the previous petition which is current. Do you work for any of the big Four?

Talk to a lawyer and have him explain the facts of the law to your HR. Get your own lawyer involved. Discuss all the facts with him and then move forward.

You should be able to file AOS based on the second I-140 approval and the current Priority date.

Maybe talk to the firm of Murthy. It is only money and may help you avoid waiting for a few more years.

Edited December 27, 2021 by pontevecchio