Can priority date based on earlier approved I-140 (but revoked by employer recently) from a previous employer be ported to a new green card filing with a new employer?
31 Mar 2014Answer
Yes, if the I-140 has been approved, the priority date can be retained in a later-filed green card case. The employer’s request to revoke does not change the ability to keep the priority date. It is only the government’s decision to revoke an I-140 for fraud / misrepresentation that would cause the priority date to be lost. (31.Mar.2014)
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