Reusing Approved LC from ex Employer

[harish1984]

Hello,

I have a question regarding LC and I’m hoping I will get some answers.

I was working on company A (consulting) for 3 years and they filed LC and it was approved (PD Jun 2010) then they filed I-140 but it had RFE.

In the meanwhile, I got a better offer so I moved to company B (full time).

Since I was not employed any more with company A they withdraw my I-140 petition.

Now company B is delaying my PERM filing process so I’m wondering are they any options to make use of the priority date from company A.

Can I use the same priorty date from company A? By moving back to company A from current employer(company B).if the answer is NO topic closed.

if the answer is YES then Do I need to reapply the LC and I-140 again with company A?

Your response is valueable to make my decision.

Thanks

[Attorney_11]

Priority dates are typically only retained between two approved I-140 employment based petitions. Priority dates cannot be retained based on certified PERM applications which were not the basis of an approved I-140.

[harish1984]

Thanks for the quick reponse.

Please help me better understand, Are you saying I cannot reuse the priorty date even If I move back to company A? because priory dates will be retained based on approved I-140.

Thanks

[Attorney_11]

Priority date retention can only occur between approved I-140 petitions. It is possible, when an I-140 is field on the basis of an approved PERM within that PERM's validity period, to refile an I-140 if eligibility and other considerations are addressed.