I-140 Revocation and PD Expiration

[jvptl]

Dear Friends,

I have the following questions and would be grateful if they can be answered:

1. My PERM is approved by current employer 'A' and has PD of April 2012.

Scenario:

'A' files my I-140 and then I leave the company 'A' to join company 'B', because 'A' doesn't have any other project to place me on.

So I am leaving 'A' before the I-140 approval has come. Assuming that I-140 approval will eventually come, will I be able to make use of my PD of April 2012 in the GC filing done by my new employer 'B' sometime in future?

2. I understand that even if I-140 is revoked by 'A', I can still utilize my PD from that PERM. But is there a expiration date for the priority date.

I mean, you can use the PD only if the next PERM/I-140 is filed within 'X' months etc?

Can I use this PD, even if the new GC is filed after 2 years from now?

Thank you in advance,

-PTL

[pontevecchio]

Yes to both questions.

[rrr2008]

Pontevecchio,

Small question,

Is there any time duration that we need to stay with company A after the I140 approval before moving to compnay B in-order to use the PD for company B GC process.

I heard like we need to stay for atleast one year, if so after one year if compnay A revokes the I140, still we can use the PD.

If it is less than one year after the I140 approval and if companies revokes the I140, then we can no longer use the PD from compnay A?

Thanks.

[pontevecchio]

As of now the interpretation is that in the absence of fraud the PD of an approved I-140 can be used in a future EB application EVEN IF the I-140 is revoked.

[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