Priority Date is past - What are my options ?

[sindch]

Dear Members,

My priority date is Jun 2014.

Due to some unforeseen situations I had to leave my job and come to India. I have an approved I-140 and now I found a new employer who has transferred my H1B based on approved I140. Lets say they start the PERM process immediately which is around 6-8 months, PERM approval is another 6 months. During this process, my PD will way too past (lets say its July 2015 which is way over year than my PD June 2014)

1) I am trying my best to reach out to my old employer who has my I-140 approved. But the chances are less. What are my options with the new employer ? Because the new employer was already in the process of filing PERM can they retain my PD and continue the process or do I lose my spot? Please advise.


Appreciate all your inputs.

[shiva_82]

I believe your new employer can retain your PD and this should be true regardless of the category under which they apply. I also believe that even if your PD is well before the current final action dates, you should still be able to apply for your 485 along with a new 140 once your PERM gets approved. Will let other experts in this group chime in.

[sindch]

I believe your new employer can retain your PD and this should be true regardless of the category under which they apply. I also believe that even if your PD is well before the current final action dates, you should still be able to apply for your 485 along with a new 140 once your PERM gets approved. Will let other experts in this group chime in.

Thank you Shiva! I was hoping the same too that even if it takes time with the new employer that I would be able to retain my PD. Will wait for other expert answers too.