I-140 revoked, what happens to priority date?

[yuva1234]

Hi team,

 

My I-140 got withdrawn by my previous employer back in dec 2014 but had a priority date back in Nov 2011. My current company started processing my PERM and targeting to file before aug 2016 as my current H1 extension expires by aug 2017 (based on I-140 3 yr extension).

 

My attorney says even though my I-140 was withdrawn by my previous employer last year, still i can use the priority date, is that a true statement? because i heard from my friend's attorney that they are not able to port the PD due to withdrawn I-140 from previous employer for my friend, so just want to understand if it is just unlucky or it goes case by case or any specific reason he may not be able to use the priority date with the current employer or any new changes to immigration rules.

 

As the acceptance cutoff dates moved to july 2011, if my PD (nov 2011) carries with my new employer, I wanted to use it once my PERM get approved.

 

Can i do concurrent filing both I-140 and I-485 if my priority date becomes current by the time i have approved PERM?

 

Thanks in Advance.

[jairichi]

As said by an attorney in this forum they are seeing instances where PD cannot be retained. So, nothing can be said for sure.

[rahul412]

 

Can i do concurrent filing both I-140 and I-485 if my priority date becomes current by the time i have approved PERM?

 

Yes you can.

First get your I140 approved and then you can think about porting.

[yuva1234]

Thanks Jairichi and Rahul.