Priority date

[Sunnyvas]

If i leave usa and employer revoked my permanent residence application do i still retain priority date? So if I come back can my employer apply for GC with same priority date?

[Sunnyvas]

Anyone knows any information about this? Thank you.

[JoeF]

That depends. If you have an approved I-130 that has been approved more than 180 days ago you keep the PD.

[JoeF]

18 hours ago, JoeF said:

That depends. If you have an approved I-130 that has been approved more than 180 days ago you keep the PD.

Of course, I meant I-140. Fat fingers on a phone keyboard...

Edited September 12, 2023 by JoeF

[Sunnyvas]

Thanks for the answer. So even if the employer is new and not the old then I get to keep the PD I presume?

[JoeF]

Yes, if the old I-140 was approved more than 180 days before the employer revoked it. After 180 days, revocation of an approved I-140 is irrelevant.

[canim]

Hi,

Follow-up question on the above since my case is similar. What would be the difference if i come back on H1B with my original employer through whom i had i140 approved and he had asked for revocation (after 180 days) vs new employer. Can i directly apply i485 with my previous employer if he is ready to take me back even though he had asked for revoking? Does it make a difference?

[JoeF]

If the employer has revoked the I-140 the process has to start over from scratch. You can keep the old PD, though.

[canim]

Thanks for your reply @JoeF. Want to make sure I understand correctly, so the employer had submitted a request to withdraw i140 and USCIS response states that "in accordance with 8 CFR section 205* this petition remains approved". Does that still count as employer withdrawal and would it be treated similar to joining a new employer even if I go back to previous employer?

One more question- now if i have to start from i140 and my priority date becomes current (march 2012) would I have only one year on h1 (is there a one year limit) to get i140 approved and file i485?

Appreciate your help and response!

Edited September 19, 2023 by canim

[JoeF]

8CFR205 is available on the USCIS website:

"In employment-based preference cases, upon written notice of withdrawal filed by the petitioner to any officer of USCIS who is authorized to grant or deny petitions, where the withdrawal is filed less than 180 days after approval of the employment-based preference petition, unless an associated adjustment of status application has been pending for 180 days or more. A petition that is withdrawn 180 days or more after its approval, or 180 days or more after the associated adjustment of status application has been filed, remains approved unless its approval is revoked on other grounds. If an employment-based petition on behalf of an alien is withdrawn, the job offer of the petitioning employer is rescinded and the alien must obtain a new employment-based preference petition in order to seek adjustment of status or issuance of an immigrant visa as an employment-based immigrant, unless eligible for adjustment of status under section 204(j) of the Act and in accordance with 8 CFR 245.25. "

Basically says what I posted in plain English. You can keep the PD, but the job offer is rescinded, meaning the process has to start from scratch. You just keep the PD.

If the PD is current an I-485 usually has to be filed within a year of I-140 approval. Actually, if the PD is current, I-140 and I-485 can be filed in parallel.

Edited September 20, 2023 by JoeF

[canim]

thanks for the reply @JoeF. Trying to understand the one year rule for filing i485 if priority date is current.  Lets say if the priority date is current and i start 140 from scratch (perm/labor) and it takes more than a year to get the perm/labor cleared and to file 140/485. what would happen, would i still get and keep h1 extensions during the process of getting to i140. would i get a 3 year h1 extension first time or just 1 year and can i still extend h1 after 1 year if 140 is still not applied within the one year due to perm/labor being in process.

 

Appreciate your help and response.