Maintaining Priority Date

[dkjariwala]

Hi,

I am in an interesting situation and I need help regarding my GC process/priority date. I filed for GC in Dec 2004 under EB3-I quota. I have an approved labor and an approved I-140 with the 'consulting' company I am working for.

I have received another job offer and I would like to join the particular company. Obviously, I do not want to lose my priority date. What should I do to make sure I retain my priority date? Should I file the labor before my current company revokes the I-140 (I don't know if they will revoke I-140, I just want to be prepared)? Is there any other gotcha I should be worried about?

Your input is appreciated.

Thanks,
Jd

[roseball]

Originally Posted by dkjariwala

Hi,

I am in an interesting situation and I need help regarding my GC process/priority date. I filed for GC in Dec 2004 under EB3-I quota. I have an approved labor and an approved I-140 with the 'consulting' company I am working for.

I have received another job offer and I would like to join the particular company. Obviously, I do not to lose my priority date. What should I do to make sure I retain my priority date? Should I file the labor before my current company revokes the I-140 (I don't know if they will revoke I-140, I just want to be prepared)? Is there any other gotcha I should be worried about?

Your input is appreciated.

Thanks,
Jd

AFAIK, since you did not file I-485 yet, you will lose your PD if your employer revokes I-140 before you get your I-140 approved with the new company. I think you can request for porting of your PD while filing I-140 and USCIS will send you an approval with earlier PD when they approve your new I-140.

[dkjariwala]

roseball,

Thank you for your reply. I read it from other threads that once your I-140 is approved, priority date is yours to keep. Additionally, it's been more than 3 months since my I-140 was approved. I am only looking to find out what steps should I take to retain this priority date.

[Omm]

I was in the same situation as you are..You can get some idea from this, I belive you can keep you PD once I-140 is approved, But I am not a lawyer, I would apply for FOIA asap, if didn't have approval letter.

I 140 priority date retention - Immigration Information Discussion Forum