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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. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no way to correct it.
     
  2. GREENDREAM

    GREENDREAM New Member

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    Ron,

    I am bit confused. Now I have a approved I -140 . If there is no way to correct it, what is my priority date? when can I apply my I -485?
    What is the status of my approved I -140 ?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your priority date is the one associated with your most recent PERM.
     
  4. GREENDREAM

    GREENDREAM New Member

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    Ron,
    Thanks a lot. Last Qn. what is the procedure to get the approval notice with the new priority date?

    Thanks again...
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You don't really need it. If you want to go to a lot of expense and trouble to get something you don't need, have your employer file a form I-824 for a corrected copy.
     
  6. ygtr

    ygtr New Member

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    I am planning to file I-485 with two I-140's, old one date eligible for filing and that one revoked by employer. After filing is there any way we can know that USCIS entitling/using old date. My concern is after I got EAD if use it that then later USCIS says they can't give old date then what are the issues and possibilities
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your only concern is the employer having withdrawn the petition, don't worry. You are still entitled to the priority date.
     
  8. krish85

    krish85 New Member

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    Ron , could you please explain me below scenarios

    1. I have a priority date of 2010 and it was revoked by employer. I have a new priority date of 2014 with new employer. Consider i am going to file AOS on october 1st. If my EAD is approved and I-485 is denied after few months saying my priority date is not current. By that time if i have already converted from H1B to EAD, what will be my options after I-485 denial? This is a hypothetical scenario. Still i want to explore all possible options.

    2. In another thread you have answered there is no validity for H1B approval ( after completion of 6 years) if I-485 is denied. Consider i have received 3 yrs extension based on I-140 which is until 2018.In 2016 if my I-485 is denied , this denial invalidates my H1B approval immediately even though it has validity until 2018.
     
  9. DonDraper

    DonDraper Guru

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    1) If your i-485 is denied you can appeal and if it fails you have to leave the country
    2) there is no h1b if you have exhausted 6 years on h1b
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it was just an employer withdrawal of the old I-140, then you are still entitled to the old priority date.
     
  11. ygtr

    ygtr New Member

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    When they deny I485 because of old I140, can we appeal to use new one
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you have to file a new I-485
     
  13. mrk007

    mrk007 Junior Member

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    Hi Ron, I have an I-140 approved and priority date was May 10 2010. I have changed to new employer in 2012 and new employer filed my new green card and my attorney was able to capture the old priority( May 10 2010) date on my new I-140. Now my dates are current, Is there any thing to worry in my case ? Do i need to send both copies of I-140's to USCIS ? Or latest I-140? Another fact is, my old employer revoked my I -140 three months before the approval of my new I-140.
     

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