I-140 PD porting after revoked by Employer

[raoece]

Hello,

I have a question about I-140 PD, if employer revokes approved i-140 , can an employee still can use the the revoked I-140 PD while filing new I-140 with new employer?

[the_jaguar]

Originally Posted by raoece

Hello,

I have a question about I-140 PD, if employer revokes approved i-140 , can an employee still can use the the revoked I-140 PD while filing new I-140 with new employer?

I have been looking around for an answer to this myself. I have seen a few lawyers mention that it is doable, while my lawyer said it wasn't.

My situation: previous employer revoked the approved I-140 after I quit the company. My current employer ended up applying from scratch and I have an approved I-140 with the newer date, but I lost more than 2 years of PD I really would like to know if there is any way to regain those 2 years.

Some references to lawyers who say that the date can be ported:

-> Priority date after change of employer with approved I-140
Immigration.com -> I-140 may get revoked. What happens to priority date? | Immigration.Com - Law Offices of Rajiv S. Khanna, PC


It would be great if other people (especially, if they have been through this personally) can chime in....

[cinqsit]

immigration.com (Rajiv Khanna) is a reputable law firm. Why dont you contact them directly ? Even if its paid advice cutting out 2 years from your wait time is worth it I think

Best of luck
cinqsit

[the_jaguar]

Originally Posted by cinqsit

immigration.com (Rajiv Khanna) is a reputable law firm. Why dont you contact them directly ? Even if its paid advice cutting out 2 years from your wait time is worth it I think

Best of luck
cinqsit

Agreed. I have asked my lawyer for his opinion about this. I will talk to Rajiv Khanna if my lawyer refuses to do something about this.

[kanshul]

Based on what I have read here including from a few immigration lawyers if you have to retain PD the 140 should not have been revoked.

Please let us know what Rajiv has to say.

[the_jaguar]

Originally Posted by kanshul

Based on what I have read here including from a few immigration lawyers if you have to retain PD the 140 should not have been revoked.

Please let us know what Rajiv has to say.

I have a bunch of references indicating otherwise. Starting from the I-140 sticky in the I-140 sub-forum to links by and Rajiv Khanna say that it can be done.

The Yates memo also says that it can be done. The reason this is tricky is because the CFR (Code of Federal Regulations) says otherwise. But, the USCIS officials go by the Field manual (Yates memo)

Page 27 (http://www.uscis.gov/files/pressrele...22_091206R.pdf) says:
(1) Determining the Priority Date.

In general, if a petition is supported by an individual labor certification issued by
DOL, the priority date is the earliest date upon which the labor certification
application was filed with DOL. In those cases where the alien’s priority date is
established by the filing of the labor certification, once the alien’s Form I-140
petition has been approved, the alien beneficiary retains his or her priority date as
established by the filing of the labor certification for any future Form I-140 petitions,
unless the previously approved Form I-140 petition has been revoked because of
fraud or willful misrepresentation. This includes cases where a change of
employer has occurred; however, the new employer must obtain a new labor
certification if the classification requested requires a labor certification (see the
section on successor in interest).

-> Priority date after change of employer with approved I-140
Immigration.com (Rajiv Khanna) -> I-140 may get revoked. What happens to priority date? | Immigration.Com - Law Offices of Rajiv S. Khanna, PC

I am looking forward to talking to somebody who has done this successfully.

[dmitri]

does anyone have concrete info on this?
Can you port the PD if old approved I 140 is revoked by the earlier employer?
some lawyers say its portable some say its not....