Retain Old Priority Date - Revoked I-140

[Nagarajan]

Hello All,

 

This question have been posted by many n number of times but each and every thread gives different answers. Pardon me If I am repeating myself here again.

 

I have my approved I-140 (PD Mar 2011) EB3 with Employer A and still working with them. Currently, have transferred my H1 to Employer B based on my I-140 approval and got H1 Transfer approved for 3 years. 

 

Employer B will be filing my GC in 6 months in EB2. I came to know that Employer A revokes the approved I-140 for all the employees who are moving out of the organization. Employer A is a big IT firm and there is no reason for fraudulent revoking. I have a copy of the I-140 from FOIA.

 

Based on the above scenario - Will I be able to retain my Old priority date even after the previous company has revoked my petition? 

 

Thanks.

[jairichi]

An attorney in this forum has stated that they have seen cases where PD could not be retained based on revoked I140.