If you leave your employer before your I-140 is approved, one of two things can happen: 1) the employer which filed the I-140 petition for you can allow it to be processed to completion, in which case you will be allowed to keep your priority date (a big deal); 2) the employer who filed the I-140 petition for you can ask USCIS to withdraw the petition before it is approved, in which case you will not be allowed to keep your priority date (a big bummer).
Even if the I-140 petition has been approved, the employer which filed it can ask USCIS to withdraw the petition. The good news is, unless the petition was fraudulently approved (you provided false information, like a fake diploma), the priority date is yours to keep for life.
If at all possible, I would delay your departure from an employer who has an I-140 pending for you until after the petition has been approved.
Hi Dwight. I have a question regarding priority date that was originally filed under consular processing. The employer who filed it has abandoned it. I have no intentions of looking for a new employer to recapture it now. If I go to the US say three years from now under TN visa, can the employer who filed the TN visa use my old priority date to file me a greencard? Does the employer who files the TN visa need to be in the same location as the employer who originally filed the PD? Lastly, can having an old priority date affect the TN visa approval? Thanks Dwight.
Chris – Thank you for your question. You will get to keep the old priority date when your new employer files an I-140 for you. The priority date is yours for life. The new employer can be anywhere in the US – it does not have to be in the same location. The old priority date can affect getting a TN. You will need to be able to prove that employment opportunity is no longer available to you. You should consult with an attorney at the time you get the TN to make sure you are ready to deal with that.
Mr. Myfelt,
Thanks so much for your guidance on priority date retention in a situation where previous employer has withdrawn I-140 and there was no lies or misinterpretation in previous I-140 application.
However, I came across this article (http://www.theusimmigrationlawyer.com/2015/04/14/alien-cannot-keep-priority-date-from-withdrawn-or-revoked-i-140-petition/). After reading this, do you think priority date stays with foreign aliens with previously approved I-140’s? Please let me know. Thanks so much,
Karam – This case is about petitions which have been revoked by USCIS for some kind of improper activity, such as fraud or misrepresentation. Most cases withdrawn by employers are not revoked by USCIS for this reason. So, yes, the prior priority date will be retained absent some improper activity that led to the incorrect approval of the petition in the first place.
Thanks Dwight for this valuable information.
Chris – You are welcome.
Hi Dwight, thanks for the information!
I have a derived question. What happens if my date is already current, my employer (one of the largest tech companies) has already filed for I-140, I-485, I-765 etc., and then they fire me a month or two later.
1. Will the application continue to go through and I can get the Green Card, assuming the application was done correctly?
2. If not, will I at least still receive the EAD and be free to work until a new employer sponsors me from scratch?
Hi have some questions about when exactly NVC re-processing the Application after USCIS sent them approval letter for I-130.
Hi Dwight
My labor was approved in previous company with priority date of August 2008, but I-140 was not applied yet when i left the company. Now can I request my previous company to apply for I-140 with an intent to join as an employee after green card approval?
Thanks
Hi Dwight
I have a concern i have two I-140 petition approved and I would like to know if this will cause a delay in my application or should I be questioned by NVC having two petitions approved.I am planning to withdraw from the other staffing agency.Am I going to face litigation for this?please help me.Thank you!
Hi,
Currently, I am on 6th year of my H1B tenure. I have an approved I140 which was filed by my previous employer. My current employer has also filed a new I140, which has not been approved yet.
I accepted a new job offer. So, my question is, If my new I140 is approved during the transfer and my company decides to revoke it as I am moving out of the company, what happens to my old I140?
Will it be invalid for H1B extension beyond 6 years or Can I still use my old I140 for H1B extensions beyond 6 years until my new company files one?
Thanks,
Venkat
Hi Dwight, If my current employer filed the I-140 for me 2 months ago and a new employer wants to filed a I-129 to extend a TN visa for me, will this two petitions conflict in anyway which each other, meaning do I put at risk my current job and status by allowing a new petition to be ask on my behalf?
I submited all required documents 41 days before and still it doesnt accept.however i have big problem now.its about the final action dates in the chart.my case is in f4 category and my priority date is 7/2/2007 but today morning i saw it was backward to 6/7/2006,how it depend to my case?and my elder child is 20 years now and he will 21 years old for this november.
I submited all required documents 41 days before and still it doesnt accept.however i have big problem now.its about the final action dates in the chart.my case is in f4 category and my priority date is 7/2/2007 but today morning i saw it was backward 1/2/2007 to 6/7/2006,how it preasure my case?and my elder child is 20 years now and he will 21 years old for this november.