Off topic - Changing employer after I-140 is approved but 485 is not filed

gc_retrogress

Registered Users (C)
#21
UN please clarify another situation

Thanks for the detailed information. Please clarify this situation as well.

A person has approved I-140 from company A. He asks for transfer of PD while filing a new I-140 with company B.

At this point he sees the case status on USCIS of the old I-140, it still shows approved. Will the case status show revoked if it is revoked? I guess if it shows approved it means that it was approved and not touched after that?

USCIS awards PD to that I-140. After a while company A revokes the first I-140. Will that PD be gone now? Will this new I-140 be useless even if the old one was revoked after the new one was approved?
 

gc_retrogress

Registered Users (C)
#22
Rajiv's note on this matter....

http://immigrationportal.com/attachment.php?attachmentid=13098

His note mentions that "Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date"

This text is highlighted in yellow. I am not sure if he skipped the part where employer himself revokes it then what happens or it does not matter at all.

I am not sure about that. If someone can shed some light on this matter that will be great. I know UNs link clearly says that if a case does not hold ground at the time of adjucating then it does not matter....who revokes it...

Thanks
 

gc_retrogress

Registered Users (C)
#23
Thanks UN...one more question.

I am actually a beneficiary of my old I-140 PD. The old I-140 still shows approved on case status section as well as in the automated telephone system.

How do I know if I-140 has been revoked?

My first I-140 was filed with a big multi-national firm, I hope they would not go back and revoke that old I-140 before I file I-485 and stay on it for 6 months. Anyway you never know.....
 
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perm201

Registered Users (C)
#24
Guys
I had a variation to this question

My employer filed EB3 for me(PD in 2004). I have an approved I-140 and waiting for PD to become current (I'm from India).

Now, I would like to move to a new role,using the same technologies (so probably 50% same) ,within the company.

Provided my employer can justify BS + 5 years requirements for the the new position, would I be able to keep my PD while filing for EB2/I-140?

If not, do we still need to go through the whole PERM process because of the change in position? The big difference here being same company so no fear of I-140 being revoked but job title/responsibilities changing.

Thanks!
Reply With Quote
 

andy garcia

Registered Users (C)
#25
Guys
I had a variation to this question

My employer filed EB3 for me(PD in 2004). I have an approved I-140 and waiting for PD to become current (I'm from India).

Now, I would like to move to a new role,using the same technologies (so probably 50% same) ,within the company.

Provided my employer can justify BS + 5 years requirements for the the new position, would I be able to keep my PD while filing for EB2/I-140?

A. You can not file another I-140, because the labor was already used.
If not, do we still need to go through the whole PERM process because of the change in position? The big difference here being same company so no fear of I-140 being revoked but job title/responsibilities changing.

Thanks!
Reply With Quote
You are allowed to use the experience because the duties/responsibilities are different as you said. Once the new Labor is approved you can transfer the PD to a new I-140.
 

kopguy

Registered Users (C)
#27
Employer revoking I-140

I just went thru the contents of this thread. Thanks for the detailed responses by everyone. It is very useful.

UN - why would an employer revoke I-140?

I work for a small oil company and I do not see him spending more money and effort to ruin me. What I mean to ask is - does he have any legal reasons why he would revoke an approved I-140?

Thanks

Kopguy

Remember, what I said earlier. If you have received an extension beyond six years due to approved I-140 or pending labor and it has been extended.

The next time you file for a transfer/extension to a new employer; uscis will look to see if you are still eligible to go beyond six years. If you don't supply the 140 approval or labor pending for more then 365 days then they will deny it.

The easiest way is to quietly get the 140 approval. Ask for transfer with the 140 approval. Get the h-1b approved. At this point of previous employer revokes the 140; it will not come to the attention of uscis until you try to extend or transfer again. At that point you should have another basis to extend.
 

dhm2002

Registered Users (C)
#28
what if company changes location- what happens to PD

hi all

any advice/ information apperciated on following scenario

I am India EB3 PD of Dec 2002. Currently labor and I-140 approved. already got next 3 years extension beyond my 6 years till June 2009. Now comapny is likely to relocate to east coast from west coast. they already have a office there so will merge both offices. I will have to file everything from beginning right? labor, I-140 etc? My question is when I get that labor and I 140 (will try for EB2 there but whatever category) if they completely close the west coast office does my PD have any meaning? evenif they don't revoke I-140( since its same company there is no chance that they will do that) if there is no office anymore what happens to the I-140....
Losing PD will be a big disaster. even if I manage EB2 there I will be left with 2008 PD. Not to mention I will have to make sure I file in time for next extension.

anybody been thru this?

thanks in advance
dhm2002
 
#29
Confused , please help (multiple 140s)

I am going for EB2 140 with one company, I will be sending papers in a week.

But another company is offering me a job with labor substitution.

They want me to pay for substitution(EB3 labor) and substitute the dates in EB2 140 thru PERM to be filed by them.

Please let me know two I 140s under EB2 is appropriate, though with diff.
companies and also I will have substitue EB3 140 as well.
 

atyagi73

Registered Users (C)
#31
Copy of I-140

I have the electronic(scanned) copy of my I-140 approval. Would that be sufficient for a NEW company to file my new I-140.
 

willy_gc

Registered Users (C)
#32
My status is I140 approved not applied 485. How do I make sure that the companies that are talking about having a pre approved labor is not a fake one.

If I get my new I140 with the new company's preapproved labor and try to transfer my priority date will it be an issue when it comes to 485 if the old company revokes the I 140

As I am on 7th year extension , got 3 years extension I want to be careful.

united_nations can you please advise what is my best options and what I should be wary of
 

dhm2002

Registered Users (C)
#33
pls help UN, other gurus, if there is no office what happens to PD?

hi all

any advice/ information appreciated on following scenario

I am India EB3 PD of Dec 2002. Currently labor and I-140 approved. already got next 3 years extension beyond my 6 years till June 2009. Now comapany is likely to relocate to east coast from west coast. they already have a office there so will merge both offices. I will have to file everything from beginning right? labor, I-140 etc? My question is when I get that labor and I 140 (will try for EB2 there but whatever category) if they completely close the west coast office does my PD have any meaning? evenif they don't revoke I-140( since its same company there is no chance that they will do that) if there is no office anymore what happens to the I-140....
Losing PD will be a big disaster. even if I manage EB2 there I will be left with 2008 PD. Not to mention I will have to make sure I file in time for next extension.

anybody been thru this?

thanks in advance
dhm2002
 

pkpkpkpk

Registered Users (C)
#34
Maintaining the priority date even after I140 is revoked

UnitedNations,

Thank you for your reply.

It's been written many times:

I-140 once revoked per code of federal regulations does not confer a priority date to the beneficiary. It is gone.

USciS memo says that unless revoked due to fraud person keeps priority date.
Now, the above is where I had some confusion with regard to my case.

Now, the only reason I am not leaving my current employer since I am afraid that he would revoke my I140. However, as you say is correct, as long as the I140 is not revoked due to fraud, I can keep my priority date!!
That is good news to me, since I am pretty confident that there is no fraud involved in filing the I140 in my case. Just in case, what could constitute fraud in the eyes of the USCIS? I just want to make sure that I have all the bases covered.

For the benefit of the attorneys of the new company I plan to join, can you kindly provide the reference for the law & the memo that you stated. Thanks!!



Secondly, would you think that consulting companies would revoke an I140 to substitute a labor for another person? Would they risk that additional scrutiny that goes with substituted labors these days?
 

gc_retrogress

Registered Users (C)
#35
Ok plain and simple....let us say your first immigration history started with Company A.

If you worked in Comp A, obtained I-140 approval, it has PD on it. That PD is your PD....provided.

a) Comp A never revokes it, until you get GC from any other company or the same company and you are already 5 years into it.
b) Comp A never did fraud, if this is the case GC can be revoked as well.

Whatever the memo says, this is the law. Bottom line they can follow the law and not follow the memo.
 

pkpkpkpk

Registered Users (C)
#36
I personally wouldn't take the risk of losing priority date if that was the most important thing to me.

btw; how could poster conclude from what I wrote that you would keep the priority date.
Sorry UN, I thought I was drawing a logical conclusion from your statement, but its seems more like wishful thinking
:rolleyes:
 

MKSTOOL

Registered Users (C)
#37
I am not sure guys, but as far as i heard the conference of Rajiv S Khanna, He clearly said that one can keep the PD does not mater if I-140 got cancelled or revoked by the old employer.

Go through the recording of 29th, session and start listening from time starting 44.30. You will get your answer on PD date retention. You can download the recorded Mp3 file from the below link:

http://www.immigration.com/improving_immigration/efforts.html

Hope that would help.
-MKS
 

VJdude

Registered Users (C)
#38
what happens to Old I-140

UN.. Is there a chance USCIS will cancel old I-140 /EB3 (or take it off the records) , when a new I-140 in EB2 is based on the old I-140 ?

can new I-140 process backfires.. if it does, can I go back to old employer which has my original EB3 /I-140
 

VJdude

Registered Users (C)
#39
UN.. Is there a chance USCIS will cancel old I-140 /EB3 (or take it off the records) , when a new I-140 in EB2 is based on the old I-140 ?

can new I-140 process backfires.. if it does, can I go back to old employer which has my original EB3 /I-140
What if the new employer doing I-140 turns out to be blacklisted in USCIS ?
 

clean_q

Registered Users (C)
#40
Priority date portability.

I was laid off by company A a week after my I-140 was filed. I joined company B and now have an I-140 approval in company B . I checked and found out that my I-140 approval came thru' with PD Apr'02 in company A and I was even given a copy of it on request.
My question is is it possible to port that priority date (Apr'02) to my case though I was not with company A until I-140 approval, but I do have the copy of the approval, so will I be able to use this PD. If yes should the porting of PD be taken care of now or during I-485 filing.
Please clarify. Thanks for all your help.
 
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