Priority Date retention after employer revokes I-140

[wonder123]

My employer plans to revoke my I-140 once I leave him. I heard that there is a USCIS memo saying that even if employer revokes I-140, you can still retain your priority date when your 140 is filed by next employer as long as there was no fraud involved.

 

Murthy Attorney please comment. Otherwise I can't leave my employer.

[rahul412]

My employer plans to revoke my I-140 once I leave him. I heard that there is a USCIS memo saying that even if employer revokes I-140, you can still retain your priority date when your 140 is filed by next employer as long as there was no fraud involved.

That's correct, you can retain your PD when your new employer files your I140

[omshiv]

thats correct. You can retain the PD even if your previous employer revokes your I-140 provided its not out of fraud basis.

[Attorney_15]

Under the law if an I-140 is revoked by the employer's withdrawal, the transfer of the priority date to another I-140 is somewhat discretionary since the ability to transfer it post-any revocation derives from agency guidance.