coykiesaol
Registered Users (C)
Hi Ron,
My friend recently decided to join a new employer and port his priority date based on the earlier approved EB3 I140 petition.
After joining the new employer , the previous employer revoked his older EB3 I-140 which was from 2006. When he applied for his new EB2 I140 , the lawyer sited the law and the Memo which has been sited by many along with a copy of the older approved EB3 I140 (this was revoked by this time)
His I140 was approved in a week last month but they did not confer him the priority date from the earlier I140. They mentioned that with the revoking of the previous I140 , the older priority date is not portable. He again sent out a copy of the Yates Memo and the law citing that he is entitled to keep the date but the reply was again in the negative.
Is there a definite trend from USCIS to disallow priority date porting from revoked I140's ?
Thanks
My friend recently decided to join a new employer and port his priority date based on the earlier approved EB3 I140 petition.
After joining the new employer , the previous employer revoked his older EB3 I-140 which was from 2006. When he applied for his new EB2 I140 , the lawyer sited the law and the Memo which has been sited by many along with a copy of the older approved EB3 I140 (this was revoked by this time)
His I140 was approved in a week last month but they did not confer him the priority date from the earlier I140. They mentioned that with the revoking of the previous I140 , the older priority date is not portable. He again sent out a copy of the Yates Memo and the law citing that he is entitled to keep the date but the reply was again in the negative.
Is there a definite trend from USCIS to disallow priority date porting from revoked I140's ?
Thanks