Use 140 approved GC but abandoned


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Is it possible to use an old GC that was 140 approved but abandoned. 


Case is as below:


H1B filed and approved: April/May 2007.

Started work: Oct 2007

GC filed May 2008

Left US for good: Dec 2008


Not sure what the status of the GC is as of now if employer has cancelled or not cancelled it.


But can this GC or its priority date be ever used in anyway assuming employee wants to come back to the US on H1/L1 again?



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  • 1 month later...

It means that your PERM which was certified in 2008 has now expired.


After a PERM gets certified, the employer has 6 months to file for I-140 petition.


If your employer did not file your I-140 then you may NOT be able to retain your priority date. 

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