recapturing the old priority date

[razydroid]

Hi All,

I have a question reguarding recapturing my priority date. I first filed my labor on nov 2008. It got approved by 2009 May. But my employer/company attorney failed to let me know about it and because of that I was not able to file for my 140 with in the 6 months time frame after the labor.(I am also partly responsible for this mess. I was ignorant &also not so proactive about it at that time.) Then they again filed for my labor on Oct 2009. This time also it got approved on April 2010 and then filed for 140 and it also got approved towards the end of 2010.

In effect I lost my 1 yr priority . I should have got my PD current on Nov 2008. But Now I have to wait till Oct 2009. Is there any way now I can recapture my old priority date now?

Appreciate your help.

Thanks in advance

[Support_Immi]

Hi,

As long as the I140 is not approved, you cannot port the priority date of the earlier labor.

Pl note i'm not an attorney, this is just a suggestion. Pl contact your attorney for further clarification.