Approved Perm reuse priority date

I initiated Green card in 2016 got perm approved but did not file I 140 and went back to India. If my old employer re-initiates the GC process can I use the old priority date of 2016.

PERM has 180 days validity and employer need to file I-140 within that period after PERM approval.

The priority date (same as the date when DOL receives ETA form 9089) gets locked in with your first time approved I-140. My understanding is, if you don’t file I-140 within 180 days from the date the PERM is approved, it is deemed expired and the priority date no more exists.

I will let @anil_am22 respond in case I am wrong.

Please refer to below excerpts from USCIS.

The exception to re-using old PERM (with approved 1st time I-140) is only when downgrading from EB2 to EB3 or amending I-140 from EB2 to EB3

You must submit the labor certification with the Form I-140 during the 180-day validity period annotated at the bottom of every page of the labor certification. We will reject your Form I-140 if you do not include a valid labor certification, unless you clearly state that you are filing under one of the following two exceptions:

  • If you need a duplicate labor certification, check the box marked “Yes – Attach an explanation” at Part 4, Item 8 of the form. Write that request in large, bold font on a brightly colored piece of paper and place the paper directly under the Form I-140.
  • If you are filing a Form I-140 as an amended petition and the original labor certification was already submitted with another Form I-140, check the box marked “Yes – Attach an explanation” at Part 4, Item 7 of the form. Place a brightly colored piece of paper directly under the Form I-140 and write on it in large, bold font that this Form I-140 is an amended petition and that the labor certification has already been submitted. Also provide the receipt number of the previously-filed Form I-140, if available.
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I agree with @Kalpesh_Dalwadi .
Very well answered :slight_smile:

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