What'll be PD in case employer revokes I-140 ?

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vetagaadu

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What'll be the PD in case employer revokes I-140 ?

What will happen to PD in case employer revokes I-140 after employee used AC-21 ?

For example:
PD............................Jan 1st 2003
I-140 & I-485 RD ........March 1st 2003
I-140 AD....................May 1st 2003
AC21 invoked on..........Nov 1st 2003
Employer revoked or Cancelled I-140.....Dec 1st 2003

What about PD ? Is it still Jan 1st 2003 or Current ?
 
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Revocation of I-140 is invalid after 180 days of pending of 485. Regarding retaining PD, see the USCIS AC 21 memo.

Question 13. Does the alien’s priority date change as a result of porting under §106(c) of AC21? Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required)
 
Vetagaadu,
The revocation becomes invalid if the 485 is pending 180 days are more.
But if the employee tries for AC-21 portability before 180 days period,the revocation becomes valid.
He looses his PD if the previous employer uses the LC for someother employee(assume here that this guy already left the company with AC-21)
 
UN is right. Employer has a right to revoke an approved or unapproved I-140 at any time. USCIS has to cancel I-140 upon employer request.

However, your GC journey (approval of I-485) and retaining the old PD will not affected by I-140 revocation, if I-485 was pending more than six months. There will be a RFE for 485, regarding your employment. If you prove that you are employed in the same or similar job, you are o.k.

Best thing is inform USCIS in advance, that you ported the job.
 
But UN says....

can_card said:
UN is right. Employer has a right to revoke an approved or unapproved I-140 at any time. USCIS has to cancel I-140 upon employer request.
However, your GC journey (approval of I-485) and retaining the old PD will not affected by I-140 revocation, if I-485 was pending more than six months.
Click to expand...

But UN says, in LAW it wasn't clear about PD 'll remain if Employer revoke I-140 (After approval and passed 180 days of I-485 RD)....

According to UN. it will be current....
Is it right ?
 
unitednations said:
when I meant current, i didn't mean it in a good way.

I'm saying possibility is you don't have a priority date any more. If you don't have one then when will you get a greencard?

Worse case could be that there can't be any retrogression on the visa bulletin for you to get a greencard.
Click to expand...

Your assumption is (always) correct...but in other way...
I and my friend had discussions this morning and now he said he saw your post yesterday....

So, in this case we have to wait until Visa bulletin shows Cut off date is Current...(ohhhh...GOD....)
then we have to wait long......long time to get GC..........
 
The PD is lost once 140 revoked. That is clear. However, the recent AC21 memo does not clearly say how or when they process and approve 485s (with revoked 140s), pending for lengthy period. As it was mentioned in OH law firm website, it is a gray area. Defenitly you will not get ''current" cutoff date. What happens if "current" never comes?

As a common/stright interpretation, Q13 of recent memo will prevail in this case also.
 
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I-140

Guys,

This might sound silly. But how would one know that the 140 has been revoked. I fear my ex-employer would have done the same. But can't tell for sure.
Online status on uscis.gov shows still approved and valid. But is it possible that the system has not been updated.

Thanks
 
Mr. Green said:
Moral of the story, don't change jobs unless you have to!
Click to expand...
But there may be a situation, you required to change job. The prime reason of AC21 is to give job flexibility for a lengthy pending cases. The main purpose is to change the jobs. I hope USCIS will be liberal for AC21 cases, in the view of deep retrogression.

For example, an Indian EB3 guy with PD 2004 need to wait many years to get GC, unless numbers are increased. Holding the job for many years with same employer may be an uphill task. I strongly belive that the original PD will not get lost if I-140 is revoked, after 180 days of pending of 485.

The reason is, What is prioity date? The date on which you intended to migrate to USA, based on employment. It is a collective intension of employer and employee. The perioity date is for the employee not for the employer. The employee is the beneficiary not the employer. The employee still has the intension of migrating to USA, since PD was established for him. The employee intension does not changed. But the GC sponsered employer intension has changed. But, the employee has another employer offering the similar job, meeting the requirements of LC, and the new employer intends to employ him permanantly, with AC21 porting provisions. Therefore employee has the right to keep the old PD.

I think these points can be argued if USCIS does not adjudicate I-485, if the cutoff date is passed your PD.
 
Dude,
There is a big "IF" between the subject and the predicate
...will not be lost "IF" the employer withdraws or revokes the I-140 petition after 180 days ...
It is clear and simple that if I-140 is considered valid because of AC21 , then the priority date will also be considered valid.CANNOT be any more simpler...get it ???

http://pubweb.fdbl.com/news1.nsf/7f...5b370af9430435be85256d7f004aefa8?OpenDocument

1)"According to BCIS, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved I-140 remains valid under the provisions of Section 106(c) of AC21. "
2) If the foreign national timely responds to the Notice with evidence of a qualifying job offer, the BCIS may consider the Form I-140 to remain valid with respect to that offer and regular processing of the I-485 may continue.

Also read Question 5 and 6
http://www.usvisanews.com/questions/wedquest051805.shtml
Also,
http://library.findlaw.com/2005/Sep/9/199804.html

Lastly, please do not spread rumors, unless you are 100% certain (Examples to assert certainty: Have a degree + 15 years of experience in immigration Law, Interviewed Mr. Yates, Work in the Immigration office)
 
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Dude,
We should not draw our own conclusions about any immigration law. Even if we think , we know what it could (or could not) mean.
You need to be clear clear that you are "speculating" an interpretation of the law/memo.
Here's an article from a reputed lawyer based in the the SF Bay area: http://www.avlawoffice.com/I-140_approval.html
I would rather believe a lawyer .. Simple
 
Just for your info, there are plenty of lawyers with conflicting statements

including some very reputed ones. 2-3 months ago I interacted with a lawyer a very reputed lawyer for PERM asking 9k and he didn't have a clue on the job order placement time wait. the forum here is more based on actual live expriences in variuos stages, eventually none can predict what USCIS would do, else every lawyer in the country would have predicted the retrogression. do you need more proof :rolleyes: UN is a senior member trying to help as best he can
cnr said:
Dude,
We should not draw our own conclusions about any immigration law. Even if we think , we know what it could (or could not) mean.
You need to be clear clear that you are "speculating" an interpretation of the law/memo.
Here's an article from a reputed lawyer based in the the SF Bay area: http://www.avlawoffice.com/I-140_approval.html
I would rather believe a lawyer .. Simple
Click to expand...
 
unitednations said:
Under INA law, to get a 485 approved, there has to be a valid and approved I-140. If you don't have a valid approved I-140 then you cannot get the 485 approved on it.
Click to expand...

However, the priority date is not tied to an I-140 in the case of an EB3 or EB2 case with an LC - it's tied to the Labor Certification itself, which AC21 statutory language explicitly states remains valid.
 
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