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I-140 Approval Revoked / Can I Use The Pd Date?

Discussion in 'AC 21 I-140 Portability' started by Rajprasath, Jun 17, 2015.

  1. Rajprasath

    Rajprasath New Member

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    Hi Ron,

    With my first employer, I have my I-140 approval and after a year from approval, I switched to new employer and they are processed PERM and told me that they will port my old PD while filing I-140.

    Now my question is my previous employer has revoked the approved I-140 petition. Can I still use the PD date, while filing the new I-140 with my new employer?

    Please advise.

    Thanks & Regards,
    Raj
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. SBR

    SBR New Member

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    Ron ,

    Can you please elaborate on 'mistake' ? What mistakes are you referring to ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you don't have a bachelor's degree, but the USCIS approves your I-140 as an EB2, that's a mistake. In this sense, mistake refers to errors of fact.
     
  5. Phaninder Surapaneni

    Phaninder Surapaneni New Member

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    Hi Ron,

    I have my I140 approved from my current employer but am planning to make a move to a new employer, its been less than 180 days since it got approved (approx 2 months), what is my situation, my employer is telling that he would revoke the application if I leave. Would my priority date still stay ? Please advise, I see from some of the forums that there might be chances of the dates becoming current in October, how true is that ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Even if your employer withdraws their I-140, you get to keep the priority date. You will need a new PERM/I-140 however.
     
  7. Phaninder Surapaneni

    Phaninder Surapaneni New Member

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    Thanks for the quick reply Ron, also about my other question, I've been listening people saying the dates might get current in October, can you give your say on it please.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless there is new legislation, or the administration does something by executive order, dates will not become current in October.
     
  9. Phaninder Surapaneni

    Phaninder Surapaneni New Member

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    Hi Ron,

    As per the current discussions going around, do you think there might be a possibility of the executive order for EB2's to become current in the near future, please advice, as my I140 is approved with my current employer and I got a new job opportunity that I want to take up, and am confused with this speculation.

    I would greatly appreciate, your advice on this. Thank you.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As I have written countless times, I just don't see it happening without a massive infusion of new visas.
     
  11. Phaninder Surapaneni

    Phaninder Surapaneni New Member

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  12. mar212011

    mar212011 Well Regarded Member

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    Hi Ron

    Can we still retain the date, if the new PERM/140 is filed with a different "title" for example initial perm was Programmer, now its Architecht
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can. It doesn't have to be for the same job or even in the same preference classification.
     
  14. mar212011

    mar212011 Well Regarded Member

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    Great. slightly on different topic, sorry new perm processing time, do you know if its still around 6months to 1 year
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    From electronic filing until approval, about five and a half months.
     
  16. mar212011

    mar212011 Well Regarded Member

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    oh lot better than what they have on the perm processing time of september/ october 2014
     
  17. djayash

    djayash Guru

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    Is the new electronic filing up and running? Does it now take just about 6 months for PERM decision?
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    E-filing for PERMs has been in effect for more than ten years.
     
  19. djayash

    djayash Guru

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    Yes, I understand that. But are the PERM processing times going to come down to 6 months?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Our office is getting them back in about five and a half months.
     

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