New Yates Memo - Pirority Date Question

IL_LABOR said:
Tammy,
Your response has really scared me.
"so basically its a race against time. atleast we know what the legal angle is. so if the employer is a trickster they can basically use the labor after you leave and use it on some unsuspecting future employee, who in the end might find out that he is not going to get GC (unless he miraculously jumps in front you in the waiting list)"

If what you said is true then using AC-21 is like a gamble , if you are ahead in the race in you get approved otherwise the guy who used your labor as substituted labor can get approval and finally after all the struggle and satisfying the AC-21 criterion you will not get approved.

Can anyone clarify this scenario? Ginnu, United Nations......???

Thanks
Click to expand...

It is not race against time. If you have completed 180 days revocation should not affect you. In my above message I wanted to tell whatever I quoted has be done.There some Champion companies like A..,C.., M... who made Millions in this.

What happened in the above cases employer used the Labors for some one else before 180 days. In some cases they modified the Labor. If the company income to support 80 employees and applied I-140 for 300 people using same 75 approved labors. Most of employers are not like this. Cheaters and scammers are every where. They were doing Green card business. Some innocent guys got hurt in this.
In any case you need to do your homework before buying some thing that is coming easily.
 
UN, GINNU gurus -- please answer

Guru,s

Please give me this bottomline answer, I'am fedup of researching and finding out, if priority dates can be retained in case of AC21 (140 approved and 180 ays passed) and even if old employer revokes the approved140 ?

Please please put rest to this turbulence in my mind.

thanks,
 
babyluck said:
Guru,s

Please give me this bottomline answer, I'am fedup of researching and finding out, if priority dates can be retained in case of AC21 (140 approved and 180 ays passed) and even if old employer revokes the approved140 ?

Please please put rest to this turbulence in my mind.

thanks,
Click to expand...

Yes it is retained.
 
babyluck said:
Guru,s

Please give me this bottomline answer, I'am fedup of researching and finding out, if priority dates can be retained in case of AC21 (140 approved and 180 ays passed) and even if old employer revokes the approved140 ?

Please please put rest to this turbulence in my mind.

thanks,
Click to expand...

http://www.visalaw.com/05may4/2may405.html

WHAT HAPPENS TO AN APPLICANT’S PRIORITY DATE AS A RESULTING OF PORTING IN AN ADJUSTMENT CASE?

Nothing. The priority date remains the date of the filing of the initial labor certification or the date of the filing of the I-140 when an approved labor certification is not required.
 
Requirement for porting priority date

Thanks, UN, Tammy and IL_Labor for your rely.

From your varying responce, I think the tgray area will continue to you stay about retaining priority date on invoking AC21.

Well, can any of you, or the one who has expericen of porting priority date to another EB category please reply.

My employer will not give me copy of approved 140, is this a mandatory requirement in order to transfer the priority date to attach a copy of approved 140 to another 140 filling in order to use priorty date on old approved 140.

For e.g my current 140 is approved under Eb3, in case I succeed to get my new EB2 labor and at the time of filling 140 can transfer the priortoy date (will not have 140 copy).
Is there a solution to this.

One more question -- Incase I invoke AC21 and join new company on H1, and my emplopyer revoked 140 , as you all replied that I may retain priorty date I may not. But what will happen to my h1 extension. Will I be eleigible to get 3years extension on H1 bcoz my 140 is approved and priority date is not current (assume my 140 gets revoked after changing job)? Also for getting 3 years extension do we need to show the prrof as approved 140 copy to get 3 years extension ?

Please reply

thanks,
 
I did read this on Immigration-law.com.
But can you please give your opinions over my questions. How does priority date transfer work. I will stay with my current employer untill my new Eb2 labor gets apprved and once priority date is ported on new 140 I will leave my employer. By doing this he will not revoke 140 till i'am with him.

Also wat do you think about 3 years extension and 140 revokation question.

thanks
 
You are correct UN, I'am sorry for that.
But I'am helpless, if one gets 4 different opinions on same topic. Then only way is to summarize the outputs by gathering more samples.

Anyways, I can understand what you are saying.
But can you please answer my 3 year extensions wala question.
Bcoz if one is not able to get 3 years extension if 140 is revoked many things would change at my end.
And also do we need to show any kind of proof like 140 approval copy at the time of filing H1 (3 years extension) ?

Please answer this
 
unitednations said:
if anybody in this forum really knows a case or a personal victim of an i-140 revoke after they used AC21 (when they satisfied all the clauses of AC21 usage, please no complicated cases). i would request them to post their experience. that is the only way we know for sure the real story, or else its always "he said, she said" story.

Nobody responded? Reason is that you have shown that you haven't researched the boards/forums. Anyone who has been observing for any length of time knows many people in such situations.
Click to expand...
Some people want proof for every thing. It is difficult to provide proof. Because of their limitations Attorneys cannot give concrete answers. After my I-140 saga Sheela Murthy Never said my I-485 is going to be approved. Here people come for some one with experience. You have that. So people bombard you with questions

Whoever it is if he has done little bit of research He would have found so many cases. You cannot go on repeating the Answers for every assumed problem unless it is really needed. You have get time in between your job.

Personally In my earlier job I witnessed 6 people were sent out of US after revoking I-140.

UN Your mailbox is full. Can you make some room? I want send a PM.
 
"Some people want proof for every thing. It is difficult to provide proof"

no one is demanding (i stress demanding) for proof from anyone here, people request for help or information.i think this is a voluntary forum, where if you wanna help you can. no need to lecture anyone about anything, or just because someone is asking for help does not mean that they need to be lectured upon.
now if you see a helpless person on a street you wanna give him/her some money. now are you going to stand there and lecture him/her about how he/she shoudl have taken care of their lives??
i see these forums the same way...

"Whoever it is if he has done little bit of research He would have found so many cases. You cannot go on repeating the Answers for every assumed problem unless it is really needed. You have get time in between your job."

why do you take it upon yourself the task of responding to each and every question? unless someone personally asks you then replying to say i am busy or whatever is fine. are you trying to say no one can ask any questions on this forum??

how do you know ppl are not researching?? i am researching..i am sure a lot ppl do too. but this is a huge forum with a lot of threads...and i am not complaining.
 
little more info

http://www.immigrationlinks.com/news/Priority Date Retention for Subsequent IV Petition.pdf

http://foia.state.gov/masterdocs/09FAM/0942053N.PDF

9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications

(TL:VISA-173; 11-10-1997)

a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresen-tation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently for the same beneficiary. In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions.

b. A priority date established in the employment-based first, second or third preference category, however, is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.
 
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