I - 140 revoked. PD getting current.

[anurag82]

My labor cert. was filed under EB2 by company A on 1/25/10 and subsequently got approved. Following that we filed I140 which got approved too. Since then i left the company. I talked to the owner and she was ok with keeping the application going. I kept confirming her during the last year and she was still fine with it. Recently something happened at her office and she decided to revoke the i140. She sent me an email yesterday that she has sent application to revoke the i140 2 days ago.

Unluckily, my PD might get current next week. On the brighter side, my new employer is ready to file for a new application right away.

Now my question is, how can I use the window if the priority date gets current next week. There is a huge chance of retrogression in a few months so waiting will be a big risk.

Can I file for a I-485 anyways and start a new application on the side from labor cert? They will send me either a denial of 485 or a RFE for i140. Hopefully by then I would have labor done and I could file a new I-140 and continue the application.

Is it possible?

[pontevecchio]

Whjat is your current status?

[javedbaig]

Hi,

I am in a similar situation, my previous employer had to revoke my I-140 last year (not for fraud or misrepresentation), does that mean i lost my PD, my PD is current now and wanted to go back to my previous employer so that he could file my I-485. My previous employer assured me that, PD is not lost and i can recapture it with a new I-140 and I-485 concurrent filing, can somebody answer if this is possible or is there any risk of loosing the PD.

[JoeF]

You would have to start over from scratch, with PERM, and only then I-140 (and if the PD is still current then, a concurrent I-485.)

[kamwmu1]

Hi JoeF,

regarding Javedbaig case, if he goes back to his previous employer who had the PERM and I140 filed later revoked, does he still need to file PERM?. The employers old PERM should be still valid.

I am in a similar case and speaking to various attorneys, all are saying that labor doesnt need to be filed again, a refiling of I140 will do- the only gray line i heard was Premium processing of I140, some attorneys say you can file Premium as your original I140 was filed in the stipulated 180 days and some say that you have to have a original PERM to file I140 in premium processing. The original PERM was already used when filing the first I140.

Could you please enligten us about Premium Processing of refiling I140 can it be filed or not and what are the guidelines to re-file a I140.

Thanks

kamwmu