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wc_user
07-21-2010, 02:47 PM
Hi,

I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.

rajenk
07-22-2010, 02:29 PM
The old I-140 is all valid. The only thing that you are taking is the date. When your new I-140 is approved and you interfile with I-485 then you request USCIS to take the new I-140 instead of the old one. Also if your new I-140 has problem at that stage (even after approval, some time it happens), still the old I-140 is valid.

Good luck
Raj:)

wc_user
07-22-2010, 03:37 PM
Thanks you very much Raj for your reply. Makes me feel better now.

govindraj76
07-30-2010, 12:02 AM
What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

rajenk
07-30-2010, 01:50 PM
What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.