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Retention Of Priority Date

Discussion in 'I-140 petitions' started by Ron Gotcher, Sep 30, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. goalgreen

    goalgreen Well-Known Member

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    Hello Ron

    I have a question specific to my Case . I have an approved I140 and the priority date on that in April 6th 2013. However the date when PERM was filed in April 9th 2013. I had sent a note to my lawyer and did not receive a response. Is this an issue? If I change employer and want to retain the priority date based on this I140, could this become an issue for future filing of 485 application either with same or future employer?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your lawyer.
     
  4. Montifest

    Montifest New Member

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    Hello Ron
    My old approved I-140 was revoked by the USCIS and labor certification invalidated in 2012 . The reason given was employer-employee relationship does not exist as per the Neufeld Memo.There was no fraud mentioned. Can the old priority date be retained or not?
    Thanks.
     
  5. DonDraper

    DonDraper Guru

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    No
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree.
     
  7. Montifest

    Montifest New Member

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    Thanks to you both. I thought so too.
     
  8. Montifest

    Montifest New Member

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    So my company had applied for a new Perm in 2011 and the USCIS ported the revoked date of 2005 onto the new I-140 themselves without us asking for it. I then filed my 485 when 2005 was current. I opened a service request a year later in 2013 and got the reply saying oops!! we made a mistake, your priority date is 2011 not 2005, but we wont deny your 485 right now. Fast forward to 2015 and my 2011 priority date is current as per the AD. Do I go ahead and file another 485 since I know the previous one was filed when the priority date was not current?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to argue that the 2005 date is correct.
     
  10. Montifest

    Montifest New Member

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    Thanks for taking the time to reply Ron, so the date can be retained even if the USCIS revoked it in the first place? I suppose this will be a David vs Goliath situation now. Any confrontation with the USCIS scares me. :) The only L2 person I spoke to in 2013 asked me to go back home if I could not wait.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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  12. Montifest

    Montifest New Member

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  13. sregonda

    sregonda New Member

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    i have question on my I-140.
    - am having approved I-140
    1 - if i change the company A to Company B, is there any possibility like Company A cancel my I-140
    if yes how many days i need to stick with the Company A to avoid that?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They may withdraw their approval at any time. The only time you are safe is after you have filed an adjustment of status and waited 180 days.
     
  15. mayan370

    mayan370 New Member

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    Hi Ron,

    I am following your posts since long but today I got a question for you:

    I just want to know, if I change my job after completing 6 years with approved i-140 then how soon the new employer should be starting my GC process again?

    As far I know he should be filing the PERM 1 year before expiring my H1B, but suppose I change my employer and got H1B extension for next 3 years, so in this case my new employer is having at least 2 years to file my PERM. Now I need help to understand what will happen if my new employer has not started my GC process and in between my previous employer revoke the i-140. In this case will I be in no status or my H1B still be valid and I can still use my previous priority date? My i-140 got approved last moth only and my priority date is May 2014.
     
  16. Santy

    Santy Guru

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    Your H1B remains valid and you can port your date even if the employer has revoked I140 unless the revocation is due to fraud.
    Personally, I will not jump these many times after 6 years unless the situation demands so. You are the best judge.

    Note: I am not a lawyer and these comments are based on my personal experience.
     
  17. mayan370

    mayan370 New Member

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    Thank you Santy for the details.
     
  18. Santy

    Santy Guru

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  19. cuckoo

    cuckoo Super Moderator

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    The only problem in your scenario is that you will not be able to move to a new employer (employer C), i.e. transfer H1B after I-140 withdrawal till you have another approved I-140.
     

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