Petition was revoked. Can I Use old PD to while file GC with new employer?

[pray4sai]

Hi Experts,

I am in I-140 and my Priority date is June 2010.I came to India as part of my family emergency and I was issued 221(G) .Since I have submitted all requested documents 4 months ago but no updates from US consulate. Since long time there is no response from US embassy, my contract was ended by client manager. In this pathetic situation, my employer also applied for withdraw my petition because client does not support my case.

However, here is my question, Incase if I file a petition thru new company and it got approved in 2012 CAP, Can I use old employer priority date while new comany applies for filing Green card? Could you please help me how it works?

Your help is really appreciated!

Thanks!

[Transformer]

Yes, you can. The attorney of the new company will take care of this while applying for GC. Tell him you have a PD from previous employer.

Long way to go buddy!!! First try to get your H1 and come to USA.

[pontevecchio]

In the absence of fraud the PD can be retained. Based on an approved I140 you may be eligible for H1 extensions beyond the 6 years. First find an Employer who files an H1 for you. H1 approvals or denials are predominantly the Employers fault. Get a better class of employer. Take one step at a time. Talk to a Good Lawyer about your situation.

[JoeF]

If the I-140 was not approved, the PD can not be reused. It is gone forever.

[pray4sai]

Thanks a lot for your input on this!

Actually i completed 5 years in USA. My employer applied for extension on June 2011 before I came to India. However, I got 3 years extension because I am in I-140 then I was issued 221(g).

Could you please clarify me below questions?

1. Since my employer withdrawn my petition, do I need to file a new H1B which comes under yearly CAP or can apply a new H1B without CAP? How it works?

2. Does my employer have an ability to revoke my I-140 as well? If you say yes, I am unable to use old PD with new employer right?

Thanks!

[Attorney_22]

Due to the complicated nature of your situation, it is advisable to speak directly with a qualified U.S. immigration attorney to answer these questions. Please feel free to schedule a consult with one of the Murthy Law Firm's many qualified attorneys.

[JoeF]

You haven't said if the I-140 was approved or not.

[pray4sai]

@JoeF

Sorry for late response.My I-140 got approved on may 2011.Any suggestions will be appreciated.