Q&A

Can a priority date be retained if I-140 is revoked?

Can a priority date be retained if I-140 is revoked?

The applicable regulations appear to prevent the retention of priority dates if an I-140 is revoked for any reason. However, longstanding policy by the USCIS and Legacy INS has been that, even following a revocation of the I-140, the priority date still may be retained.

Can a prior priority date be recaptured and retained?

Generally, an earlier priority date may be recaptured and retained if it is the same petitioner filing for the same beneficiary (including derivative beneficiaries) and the prior I-130 was NOT terminated, denied or revoked, or the prior I-130 approval did not result in an immigrant visa issuance.

When is a priority date not retained by USCIS?

Retaining a Priority Date iii. Priority Date Not Retained if Approval Revoked for Fraud, Willful Misrepresentation, DOL Revocation, Invalidation by USCIS or DOS, Material Error, or Petition Denial iv. Beneficiary Standing To Challenge the Revocation of an Employment-Based Immigrant Visa Petition’s Approval

When to retain priority date on job change?

My I-140 was approved in Jun 2014 and my Priority date is Oct 2013 and my green card is filed in EB-2, My H1-B 6 year will complete in April 2017.

What does priority date recapturing and retention mean?

Priority Date Recapturing or Retention. A petition termination under INA 203 (g) is normally due to failure to take further action within 1 year of a missed, scheduled visa interview, failure to apply for an immigrant visa within 1 year of notice, or failure to overcome a 221 (g) visa refusal within 1 year.

Retaining a Priority Date iii. Priority Date Not Retained if Approval Revoked for Fraud, Willful Misrepresentation, DOL Revocation, Invalidation by USCIS or DOS, Material Error, or Petition Denial iv. Beneficiary Standing To Challenge the Revocation of an Employment-Based Immigrant Visa Petition’s Approval

Is it legal to retain an earlier priority date?

Earlier Priority Dates are Retained and are Transferrable Unless Revoked for Fraud or Misrepresentation

How is the priority date of a petition determined?

(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority is the earliest date upon which the labor certification application was filed with DOL.