Old PD and new 140

C

cool_desi_gc

Registered Users (C)
Hi,

I guess we have discussed this kindof issues many a times recently, but I just want to clarify one more point.

Here is my situation..

Labor approved with priority date of Nov 2002 in EB3 category.140 also approved in Sept 2005.I cannot file 485 or move forward because of retrogression.I am into my 6th year or my H1.

I want to change employers. My client wants to file another green card in PERM.Once approved, file for another 140 and then use my earlier priority date.Our new attorney says that once I have an approved 140, the labor priority date belongs to me and not to my old company.So even if my old employer doesnt agree for this, i can change companies. Is this true ? I thought to be able to use my old priority date, my old employer should agree for this.I am still at the mercy at my old employer so long as i want to use my old pd.Correct me if I am wrong ? I am having hard time explaining this to the client here.He says i can happily change companies if i have an approved 140 (regardless of my old employer agrees or not).

Can anyone throw some light on this ? Any help regarding this is greatly appreciated.
 
hi
As long as old employer does not revoke I-140 you can use the old PD. But if he revokes then I think you lose the PD. But not sure about this. Go to the another thread in here 'EB3->EB2' I think that is the issue being discussed
dhm2002


cool_desi_gc said:
Hi,

I guess we have discussed this kindof issues many a times recently, but I just want to clarify one more point.

Here is my situation..

Labor approved with priority date of Nov 2002 in EB3 category.140 also approved in Sept 2005.I cannot file 485 or move forward because of retrogression.I am into my 6th year or my H1.

I want to change employers. My client wants to file another green card in PERM.Once approved, file for another 140 and then use my earlier priority date.Our new attorney says that once I have an approved 140, the labor priority date belongs to me and not to my old company.So even if my old employer doesnt agree for this, i can change companies. Is this true ? I thought to be able to use my old priority date, my old employer should agree for this.I am still at the mercy at my old employer so long as i want to use my old pd.Correct me if I am wrong ? I am having hard time explaining this to the client here.He says i can happily change companies if i have an approved 140 (regardless of my old employer agrees or not).

Can anyone throw some light on this ? Any help regarding this is greatly appreciated.
Click to expand...
 
Thanks dhm2002.I guess the only possiblities are

1) My employer doesnt substitute my labor with someone else
2) He doesnt revoke my 140.

Are the above assumptions true.

Though I have good relation with my employer, i dont want to do this without his consent.
 
You definitely need to make sure your previous employer does NOT sent a revoke notice to INS, if you want to use your original PD with the new client. Unless your new client happens to be a government body, I wouldn't put full faith on what they say. Refer to any immigration lawyers you know for the full picture. I think you have replied on another thread regarding the same scenario I was discussing earlier. Like I made the remark "there is still a thread between the individual and the old employer" just for the sake of the PD.
 
PD Belongs to Empoyee not employer

Once your I-140 is approved, PD belongs to employes not employer.

Unless I-140 is revoked for Fraud, employee can still use his old PD. It doesn't matter if LC or I140 has been revoked by ur employer.

also USCIS will detect the fraud and they will automatically revoke it. Any revoke activity caused by employer will not cause PD to be lost. If USCIS discover the fraud after getting GC, they can revoke the GC. so only in case of Fraud it is possible.
 
I am so confused!!

my2cents said:
Once your I-140 is approved, PD belongs to employes not employer.

Unless I-140 is revoked for Fraud, employee can still use his old PD. It doesn't matter if LC or I140 has been revoked by ur employer.

also USCIS will detect the fraud and they will automatically revoke it. Any revoke activity caused by employer will not cause PD to be lost. If USCIS discover the fraud after getting GC, they can revoke the GC. so only in case of Fraud it is possible.
Click to expand...

I was always told that employer could revoke the 140 then causing me to lose the PD. so confused!! :confused: :confused: :confused:
 
does this work for substituted labour too. actually eb-3 labour substitution with pd of 2002 nov,140 approved.later applied eb-2 under perm in 2005 dec,filed for 140,if this eb-2 i140 gets approved,can i use old pd for new eb-2 category.my eb-3 was a substituted labour.
 
You must log in or register to reply here.
Top