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I 140 Revoked, Is There A Way To Find Out Whether Uscis Revoked It Or Employer Revoked It

Discussion in 'AC 21 I-140 Portability' started by Analyst, May 5, 2015.

  1. Analyst

    Analyst New Member

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    Hi Ron,

    Thanks in advance and all the best for your surgery.

    I was working for Company A (Small consulting firm) from 2008 - 2012 and company A filed for my GC and got I 140 approved. I took a new job with a large US client in 2012 and company A was pissed and they said they will revoke my I 140 and at that point I didnt care very much about it. I checked the status a year after that and there were no updates to the I 140 till early 2014 and I forgot all about it.

    Company B filed for my gc and I 140 is in process and I checked the old I 140 receipt number and USCIS case status says it is revoked in July 2014.
    On July, 2014, we revoked the approval of your case, Receipt Number SRC-xxx, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by August 2014, please go to www.uscis.gov/e-request to request a copy of the notice.

    Needless to say I am very upset with this now and have few questions about it.

    Is there a way to find out why the I 140 was revoked, Company A wont give me any info?
    Will I be able to use the same priority date that I had earlier?
    Will I be able to get a 3 yr extension based on the previously approved now revoked I 140?
    Is it possible to get the previous I 140 reinstated if it was due to some kind of audit issue and Company A did not inform me and did not provide the required documents?
    Is there a way for me to get the I 140 revocation notice?
    Will it impact my current petition if I try to contact USCIS about it?

    Much appreciate your input.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Petitioners (employers) have complete control over I-140 petitions. They may revoke an I-140 for any reason or no reason. Once the petition is revoked it is no longer valid for post-sixth year extension purposes. Until recently, however, there was no question that the employee could keep the priority date. For the most part, that is still the practice. Some USCIS adjudicators though have been disallowing priority date recapture. All I can suggest is that you try.
     
  3. Analyst

    Analyst New Member

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  4. RSONG

    RSONG New Member

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    Ron,

    It is very scary news that PD retention is not allowed after employer withdrew I140. Do you see it as a trend that USCIS has switched their position on this issue or just a few special cases? Did anyone get such decisions overturned?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    For the most part, they are still allowing it. There have been some isolated cases where they haven't, including a recent BIA decision. On the other hand, there are plenty of federal court cases that say that they have to recognize the old date.
     
  6. RSONG

    RSONG New Member

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    Thanks Ron.

    I am currently waiting for my 2nd PERM and the cutoff date has passed by my old PD. The old I140 was withdrawn by previous employer.

    How do you recommend to proceed after PERM is certified and assume that the cutoff date does not retrogress?

    Normally we are able to file I140 and I485 concurrently but some folks suggest first filing new I140 to retain the old PD, not combining it with I485.

    There were also cases showing that USCIS recognized the old PD not at I140 stage but at I485 stage.

    Appreciate your opinions!
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Reference the old I-140 by including a copy of the approval notice, or if you don't have one, the receipt number.
     
  8. Analyst

    Analyst New Member

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    Ron,
    Got the I 140 approval notice today and USCIS did not allow the 2010 priority date, priority date is now in 2014. Is there anything we can do to get the previously approved priority date?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You don't need to do anything. What the USCIS did is correct. The priority date for your must current I-140 is 2014. You are, however, entitled to use the priority date from your earlier approved I-140, provided it has not been revoked for fraud or mistake.
     
  10. Analyst

    Analyst New Member

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    My previous employer is not willing to give any information (needless to say he is one of the consulting firms), how can I find out the reason why it was revoked.
    Also are you saying eventhough USCIS gave the priority date of 2014 in the approval, I can still file for 485 based on the 2010 priority date when it becomes current?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes. If the employer withdrew it, don't worry about it. Your old priority date is still good. You would only have a problem if the USCIS revoked it because they made a mistake in approving it or they discovered that the approval was obtained by fraud.
     
  12. Analyst

    Analyst New Member

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    I honestly don't know whether it was revoked by my previous employer or USCIS. I moved from my previous employer in 2012 and he had mentioned that he will cancel the I 140 at that time, but I saw the status update saying that it was revoked only in 2014.

    Is FOIA request the only way to find out why it was revoked?

    Thank you very much as always for your prompt response.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Most likely, it was withdrawn by the employer. If the USCIS had revoked it for fraud, they would likely have contacted you.
     
  14. djayash

    djayash Guru

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    My new I-140 has my ported PD as the new PD. I guess I am one of the lucky ones...
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It really doesn't mean anything. If they were to revoke the earlier I-140 for fraud or mistake, the date on the new I-140 approval notice would be meaningless. Similarly, the failure to put an old date on the new approval notice doesn't mean anything.
     
  16. djayash

    djayash Guru

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    Exactly my point. USCIS does not do it for everybody (not sure why). Not having the old PD in your new I-140 does not mean anything as long as the old I140 has been revoked for fraud..
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Correct.
     
  18. djayash

    djayash Guru

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    You gotta make me a "Well Known Member" :)
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to keep posting.
     
  20. s_gan

    s_gan Super Moderator

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    Ron, The attorney has to request it at the time of filing I-140 ??? right ?
     

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