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I-140 revoked, PD getting current

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  • I-140 revoked, PD getting current

    My labor cert. was filed by company A on 1/25/10 and subsequently got approved. Following that we filed I140 which got approved too. Since then i left the company. I talked to the owner and she was ok with keeping the application going. I kept confirming her during the last year and she was still fine with it. Recently something happened at her office and she decided to revoke the i140. She sent me an email yesterday that she has sent application to revoke the i140 2 days ago.

    Unluckily, my PD might get current next week. On the brighter side, my new employer is ready to file for a new application right away.

    Now my question is, how can I use the window if the priority date gets current next week. There is a huge chance of retrogression in a few months so waiting will be a big risk.

    Can I file for a I-485 anyways and start a new application on the side from labor cert? They will send me either a denial of 485 or a RFE for i140. Hopefully by then I would have labor done and I could file a new I-140 and continue the application.
    Is it possible?
    Thanks

  • #2
    You need to start your green card processing all over again.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      I am going to file a new application but is there any way that I can use the window when the PD gets current. There is a huge chance of retrogression in future.

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      • #4
        No
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

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