You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Priority Date Status after Employer cancels the approved I-140
- Thread starter speddi
- Start date
yes you can.bigboy00 said:Can we keep the PD even after the employer cancels the approved i-140 after I move to another company?
--NO.
srsin said:yes you can.
The I-140 belongs to the employer and the PD is associated with the I-140. Therefore, if the employer kills the I-140, the PD becomes invalid and hence cannot be transferred/ported/recaptured.
Talk to your lawyer if still in doubt.
bigboy00 said:
The I-140 belongs to the employer and the PD is associated with the I-140. Therefore, if the employer kills the I-140, the PD becomes invalid and hence cannot be transferred/ported/recaptured.
Talk to your lawyer if still in doubt.
No He will carry the PD unless there is some kind of fraud
tammy2 said:No He will carry the PD unless there is some kind of fraud
I read the same in one of the forums. We cannot use the PD if employer cancels the I-140 providing fraud as the reason. But I couldnt find any information supporting that. Can you please provide me some information regarding that if you know of any. Thank you.
I read the same in one of the forums. We cannot use the PD if employer cancels the I-140 providing fraud as the reason. But I couldnt find any information supporting that. Can you please provide me some information regarding that if you know of any. Thank you.
I remember solidly that someone pointed to a government publication that indicates that PD cannot be transfer if I-140 is revoked or withdrawn under ANY situation.
However, another person also pointed to another publication that indicates that PD cannot be transfer if I-140 is revoked or withdrawn because of fraud or miscategorized.
So I can see that the first statement covers the second statement without any conflict.
I also spoke to my lawyer about that too. She said that PD cannot be transfer if I-140 is revoked or withdrawn under ANY situation.
mercyofpbec
Registered Users (C)
what happens I-140 revoked after filing new labour from new employer
I believe that to use your OLD PD after I-140 approved (from your previous employer) u need to file new labor from the new employer
what happens if the previous employer revokes the I-140 after we filling the labor from the new employer using old PD
I believe that to use your OLD PD after I-140 approved (from your previous employer) u need to file new labor from the new employer
what happens if the previous employer revokes the I-140 after we filling the labor from the new employer using old PD
I remember solidly that someone pointed to a government publication that indicates that PD cannot be transfer if I-140 is revoked or withdrawn under ANY situation.
However, another person also pointed to another publication that indicates that PD cannot be transfer if I-140 is revoked or withdrawn because of fraud or miscategorized.
So I can see that the first statement covers the second statement without any conflict.
I also spoke to my lawyer about that too. She said that PD cannot be transfer if I-140 is revoked or withdrawn under ANY situation.
manwithnoname
Registered Users (C)
I believe that to use your OLD PD after I-140 approved (from your previous employer) u need to file new labor from the new employer
what happens if the previous employer revokes the I-140 after we filling the labor from the new employer using old PD
PD is required while filing the I-485 petition. Previous I-140 should not be revoked till then (at least). Not sure about the consequences, if I-140 is revoked after I-485 filing.
My 2 cents.