Hi,
Looking at youtube video posted of 16th April by Rajiv Khanna, it seems that beneficiary can continue to maintain priority dates even if prior employer withdraws I-140 petition. But one of the attorney whom I spoke to has shared a USCIS decision disallowing continuing priority date to one of a beneficiary in March 2011. Officer has mentioned that "Yates memo does not supersede the regulation as written, and priority dates may not be retained" So, I have following question
1. Has USCIS changed it stand on this issues?
2. Has this been communicated officially in any memorandum or something like that by USCIS
3. Has minutes of video conference been considered as binding on USCIS officer in deciding the case?
Will appreciate your clarification on this issue as I am completely confused and not sure what will happen if I change my existing employer.
Thanks and regards
Looking at youtube video posted of 16th April by Rajiv Khanna, it seems that beneficiary can continue to maintain priority dates even if prior employer withdraws I-140 petition. But one of the attorney whom I spoke to has shared a USCIS decision disallowing continuing priority date to one of a beneficiary in March 2011. Officer has mentioned that "Yates memo does not supersede the regulation as written, and priority dates may not be retained" So, I have following question
1. Has USCIS changed it stand on this issues?
2. Has this been communicated officially in any memorandum or something like that by USCIS
3. Has minutes of video conference been considered as binding on USCIS officer in deciding the case?
Will appreciate your clarification on this issue as I am completely confused and not sure what will happen if I change my existing employer.
Thanks and regards