Porting PD from Revoked I-140 : Is it Possible?


aryanbayarea

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Hi friends

I worked with Employer A and then changed to Employer B.

Employer A - Approved Labor PD 8th April 2009 . Also I-140 approved but later revoked

Employer B - Approved Labor PD 15th June 2010 - Approved I-140

My 2nd I-140 was approved on 20th Sept 2011. I believe in May 2011 the first I-140 was revoked because I left Employer A

PD was not captuted. The PD is same as my Employer A Labor application - 15th June 2010

Has anyone successfully ported dates from revoked I-140 to later approved I-140?

Appreciate your responses. I am getting conflicting responses in this regard.

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1. You are not sure it actually was revoked.

2. You have not stated a reason cited by USCIS in a revocation notice (if there was one).

3. You have not indicated if B even knew about the prior I-140 in order to ask for PD retention.

4. Did you get a 2nd A# assigned for the 2nd I-140?

5. Did you talk to the 2nd employer's immigration lawyer about any of this?

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1. You are not sure it actually was revoked.

2. You have not stated a reason cited by USCIS in a revocation notice (if there was one).

3. You have not indicated if B even knew about the prior I-140 in order to ask for PD retention.

4. Did you get a 2nd A# assigned for the 2nd I-140?

5. Did you talk to the 2nd employer's immigration lawyer about any of this?

Hi Joe

here is the reply to your questions

1. Yes I am sure it is revoked. USCIS told me because I asked for 3 yrs extension so I got RFE.

2. I don't know the reason on what basis it was revoked. I am guessing Employer A have revoked since I am no longer with them.

3. Yes I had told B that I want to port the PD of earlier Labor. They are aware.

4. Yes I got A#

5. I talked to B's attorney and told him that PD was not ported. He said we can send letter to USCIS and see what happens.

I wanted to know if porting is possible?

pontevecchio - Do we have to write anything specific to USCIS? I have copy of both my I-140s.

Transformer - I don't know the reason why it was revoked. It was approved and then revoked. I am guessing since I left A, they revoked,

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8 CFR 204.5

(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

INA 204

(e) Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted the United States as an immigrant under subsection (a), (b), or © of section 203 or as an immediate relative under section 201(b) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.

INA 205

[8 U.S.C. 1155] The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.

Unless unqualified or involved in fraud, you generally retain the priority date.

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