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Prority Date

Discussion in 'AC 21 I-140 Portability' started by kmdc2002, May 26, 2015.

  1. kmdc2002

    kmdc2002 Junior Member

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    This is as per oh law. I was in a impression that i can retain my prority date and accepted an offer from new employer. If my current employer withdraws my i140 than i am in the risk of losing the priority date? please advise?

    My priority date is 10/10/2010 and if this is true i will be loosing five years. Please advise.

    • On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the agency takes away the retained priority date. Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue. Foreign workers should watch development of the USCIS policy on this issue along the way. Those with approved I-140 petition are currently elated by the Obama's immigration action opening them in the future an opportunity to change employers without affecting the green card jouney with the preregistration or I-140 EAD, but they should also be mindful of this development on the U.S. Department of Justice Board of Immigration Appeals and closely watch and follow reactions of the adjudicators in the Service Centers after this decision. After the decision, most of lawyers are no longer advising their clients that earlier priority date is definitely retained when former employer withdraws and subsequently the USCIS reovoked the approved I-140 petition
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I commented on that in another thread. Please don't double post.

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