Retaining PD on I 140

[Hero_123]

Hello All,

 

I need some advice. My I-140 was approved in April 2013 and it has been just 3 months. I am getting a good full time option. 

 

My question is 

 

1. If I change employer now can the current priority date be retained (since it is less than 180 days of I 140 approval or should I wait for 6 months) ?

2. If my employer keeps my I 140 intact (does not revoke) does it help retaining the PD ?

3. When my PD gets current can I switch back to my previous employer and continue GC processing ? (When employer does not revoke it)

[pontevecchio]

^{1. Usually, Yes. No 180 day rule as you put it.}

^{2. You usually retain the PD even if the I-140 is revoked though a new employer would need to start from scratch.}

 

^{3. You would need to ask the employer if he is agreeable.}

[arvind_shanbhag]

ponteviccio - Are you sure that even if I-140 by the 1st employer is revoked, the priority date be recaptured by the 2nd employer still as long as an approved I140 copy is available?

 

Is there no 180 day rule applicable here that the approved 140 shouldnt be revoked for 180 days to be able to recapture the priority date?

[pontevecchio]

No such rule. As far as the current situation is concerned you get to retain the PD in the absence of fraud related revocation of the approved I-140.

[arvind_shanbhag]

Thnx pontevicciio.

So, if the I-140 is revoked by the employer (not fraud related revocation by USCIS or employer), then it seems like the PD can be recaptured. Please confirm?

[pontevecchio]

Yes. It would seem so. But usually the I-140 is not revoked. It needs paperwork. It is not required.