I-140 priority Dates porting

[rnalband]

Hi,

My previous and current employer filed on EB2. My previous I-140 priority date is March 2008 and current employer I-140 is on Sep 2012. When I check the USICS status for the previous I-140 the status shows as withdrawal.

On December 8, 2010, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of December 8, 2010, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

Can I still port my previous i-140 priority date?

Thanks in Advance .

-Rahamath

[JoeF]

Was the previous I-140 approved? The PD can only be ported from an approved I-140.

[rnalband]

Yes , My previous I-140 is approved.

[chikkubhai]

Yes , My previous I-140 is approved.

Can the previous employer revoke the I-140? If so, how exactly did you confirm?

[chikkubhai]

http://www.murthy.com/2012/05/11/eb2-upgrades-priority-date-retention-and-online-degrees/

Priority Date Retention Even After I-140 Revocation

The USCIS advised on April 12, 2012 that the Texas (TSC) and the Nebraska Service Centers (NSC) have had "robust" conversations on this topic with Service Center Operations. TSC and NSC want to act in a consistent manner. Both will allow for priority date retention when a new I-140 is filed, even if a prior employer has revoked the earlier I-140.

So retention is allowed always.

[BigJoe5]

There is a recent Precedent Decision on this topic"

Matter of AL WAZZAN, 25 I&N Dec. 359 (AAO 2010)

(1) Although section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2000), provides that an employment-based immigrant visa petition shall remain valid with respect to a new job if the beneficiary’s application for adjustment of status has been filed and remained unadjudicated for 180 days, the petition must have been “valid” to begin with if it is to “remain valid with respect to a new job.”

(2) To be considered “valid” in harmony with related provisions and with the statute as a whole, the petition must have been filed for an alien who is “entitled” to the requested classification and that petition must have been “approved” by a U.S. Citizenship and Immigration Services (“USCIS”) officer pursuant to his or her authority under the Act.

(3) Congress specifically granted USCIS the sole authority to make eligibility determinations for immigrant visa petitions under section 204(b) of the Act. (4) An unadjudicated immigrant visa petition is not made “valid” merely through the act of filing the petition with USCIS or through the passage of 180 days.

[vikis]

I have a situation where my previous employer filed my i140 on EB2 two days after the expiration(after 6 months) of the labor PERM approval, because of that my i140 got rejected and the reason for rejection was due to the fact it was filed with expired Labor.

I'm now redoing my GC with the current employer, my question is can I carry forward my Priority Date ( Nov 22, 2010, the date of filing of my Labor by my previous emp) to my new GC?

Pls advise!

--VK

[JoeF]

No, you can't reuse that PD, because the I-140 was never approved.

[vikis]

No, you can't reuse that PD, because the I-140 was never approved.

Thanks! -- VK

[harishkaj]

Hi rnalband,

 

Did you PD got retained ??. 

 

I do have approved I140. Thinking to change employer

 

Can i retain PD even after if my previous employer  withdraws I140