Advice needed for change of job with I-140 approved

[anand_787]

Originally Posted by hope4gc

I meant to say yes, bu tmy subject said Not true

Frequently Asked Questions - Form I-140 | Immigration.Com - Law Offices of Rajiv S. Khanna, PC

Now this is misleading. Here is the quote from the above link...

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

Answers
1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.

2. No.

Now section 1 says that the employer can revoke your I-140 application but section 2 says employer cannot withdraw the application. What Is there any difference between revoking an application and withdrawing an application?

[adishail]

As far I am aware, based on what my new immigration firm has told me, once your I-140 is approved, the only way to loose your original PD is that USCIS revokes it for fraud or misrepresentation.

[MarkVikki]

Originally Posted by adishail

If you look at the relevant CFR ( 8 CFR 204.5(e)), it clearly states the following -

Note* = section 203(b) refers to Employment-Based Immigrants

(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

Thanks.....good thing is that copy of i140 approval notice is not mandatory...just a receipt number annotation is fine

[adishail]

That is correct, but copy of the approval makes your case fool prove. Like what Anand has.

Originally Posted by MarkVikki

Thanks.....good thing is that copy of i140 approval notice is not mandatory...just a receipt number annotation is fine

[sachin007]

This is very helpful guys, I'm also in very similar situation. After reading all the posts now I'm also feeling much more relaxed.

[adishail]

I think this is a pretty common item of concern. Even when I was about to change jobs, I was nervous about this.

Originally Posted by sachin007

This is very helpful guys, I'm also in very similar situation. After reading all the posts now I'm also feeling much more relaxed.

[anand_787]

Originally Posted by adishail

I think this is a pretty common item of concern. Even when I was about to change jobs, I was nervous about this.

Thanks man... please let us know later how your case went. Goodluck!