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I140 Priority Date After Withdrawal Of Petition

Discussion in 'Executive Action' started by nutcracker, Feb 18, 2016.

  1. nutcracker

    nutcracker New Member

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    Ron / Gurus of this forum -

    Can you please tell me based on the CURRENT Rules and regulations, if an Employer Withdraws i140 after approval, will it impact retention of Priority date for any future PERM filings?

    Please advise!
     
  2. Santy

    Santy Guru

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    If 140 is/was not revoked by USCIS for any false or fake documents or statement then you can claim your priority date.
     
  3. nutcracker

    nutcracker New Member

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    Then what is the difference in the new ebowden@vereduscorp.com retention rule being implemented by uscis/dhs which is in comments stage?
     
  4. nutcracker

    nutcracker New Member

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    Then what is the difference in the new eb retention rule being implemented by uscis/dhs which is in comments stage?
     
  5. Santy

    Santy Guru

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    This is a question for USCIS I think. There are 1-2 points which favors legals though.
    Your question/case is quite common. USCIS generally honors the date if there was no misrepresentation done by both parties and if USCIS has not revoked the 140 themselves. I have heard of a rare case where USCIS refused to honor but I suspect something fishy in that case. So to answer your question, you should be fine if there is no misrepresentation. Also, I have always expressed this that the candidate should work with the employer to save 140 if possible.
     

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