Issue on recapture of Priority Date from previously filed I-140

[ppneedshelp]

Dear Experts,

Here are the history and my current situation.

1) I had an approved I140 with approval notice date of 20 Jan 2016 I am no longer with that employer as he was not paying me
2) I am with new employer and had applied new I140 but received RFE and per RFE my previous I140 was revoked on 7 Sept 2016 (I am not sure who/why revoked it. I know for a fact that Wage and hour division has an impending case on my previous employer for violations) the revoke date is well beyond the 180 day rule so my understanding was PD can still be ported

[Exactly language on the RFE is attached as screenshot " Submit documentary evidence to establish that the petition associated ...... " ]

BUT my current employer/attorney is telling me I am just unlucky and I lose 5 years of PD. They are saying prior memo seemed to allowed porting but was not a clear rule . A new rule that went into effect only on January 17, 2017 establishes the 180 day requirement for an approved I-140 to survive withdrawal. The rule explicitly says that it is not retroactive:

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled#p-365

This means that the 180 day protection applies starting January 17, 2017.

What do I do how to answer the RFE so that I don't lose 5 years of wait time.

[scientist2016]

[ATTACH]1026[/ATTACH]Dear Experts,

Here are the history and my current situation.

1) I had an approved I140 with approval notice date of 20 Jan 2016 I am no longer with that employer as he was not paying me
2) I am with new employer and had applied new I140 but received RFE and per RFE my previous I140 was revoked on 7 Sept 2016 (I am not sure who/why revoked it. I know for a fact that Wage and hour division has an impending case on my previous employer for violations) the revoke date is well beyond the 180 day rule so my understanding was PD can still be ported

[Exactly language on the RFE is attached as screenshot " Submit documentary evidence to establish that the petition associated ...... " ]

BUT my current employer/attorney is telling me I am just unlucky and I lose 5 years of PD. They are saying prior memo seemed to allowed porting but was not a clear rule . A new rule that went into effect only on January 17, 2017 establishes the 180 day requirement for an approved I-140 to survive withdrawal. The rule explicitly says that it is not retroactive:

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled#p-365

This means that the 180 day protection applies starting January 17, 2017.

What do I do how to answer the RFE so that I don't lose 5 years of wait time.

Was it revoked for fraud (on your previous employer's part)?