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Can retain priority date after I140 revoked within 180 days ?

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  • Can retain priority date after I140 revoked within 180 days ?


    I work for a US based consulting firm on H1B Visa where I am currently placed at a financial bank as a contractor which comes to an end on August 27th 2019.

    My employer has a bench policy that if I am not placed within 4 weeks then they will terminate my employment on September 25th 2019.

    Current employer filled for GC where my priority date is April 28th 2019 and filled for I-140 in premium processing on July 17th 2019 , expecting to be approved in couple of weeks.

    I will be forced to change my employer, if I am not placed by September 2019. Then, my employer has a policy to revoke I-140 immediately.

    I have couple of questions regarding green card process :

    1. Will my I-140 be valid to eliminate the 6 year limit even after my employer revoked it?

    2. When I initiate new Green card petition with my new employer , can I port the priority date?

    NOTE : I am in US on H1B since Feb 3rd 2017 and used 2 years and 6 months of my H1B.

  • #2
    1. Only if your I140 has been approved for more than 6 months prior to revocation.
    2. Yes, if the I140 has not been revoked or if you meet the criterion listed above.
    Just an opinion; Not legal advice.