PDA

View Full Version : Can we keep PD after I-140 Approval


bmoni
12-22-2006, 12:55 PM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...

But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...

If it not could you please point to necessary document so i can shed some lights to my attorney ..


Thanks,


Viva IV

GC_2007
12-22-2006, 01:05 PM
Your new employer has to start GC from scratch, but you can retain your old PD if your I140 is approved.

GC_2007
12-22-2006, 01:09 PM
http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf

bmoni
12-22-2006, 01:27 PM
Thank you so much GC_2007.

bmoni
12-22-2006, 01:59 PM
GC_2007,

When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

once the alienís Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).



(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alienís priority date is established by the filing of the labor certification, once the alienís Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).

WillIBLucky
12-22-2006, 02:18 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,

When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).



(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).

hkimmi
12-22-2006, 02:39 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

once the alienís Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.


Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

Looks like we can port the priority date ..., even our employers cancels I-140....

WillIBLucky
12-22-2006, 02:48 PM
I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.

Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

Looks like we can port the priority date ..., even our employers cancels I-140....

saurav_4096
12-22-2006, 04:36 PM
Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?

hkimmi
12-22-2006, 07:05 PM
Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?


I never heard of that 180 day rule for I140.. better to check with Attorney...

even Iam interested to know that .....

bmoni
12-22-2006, 09:32 PM
Have any one changed employer right after I-140 approval.

Please post your experience

bmoni
12-22-2006, 09:42 PM
I thought the same thing when i read it first time ...
see the very next sentence after that statement

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"


If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.

zj142
12-22-2006, 10:14 PM
My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".

swarnapuri
12-23-2006, 02:32 PM
Check the message by saturnring11 in this thread. He linked the USCIS document which states that PD is retained by the employee once the I-140 is approved unless I-140 is revoked for Fraud.

http://immigrationvoice.org/forum/showthread.php?t=2368

Here is the link that he posted :

Look on Page 27 of the USCIS Press Release
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

vikrantp
12-23-2006, 02:35 PM
Can I port a PD from Company A when the company got bankrupt and closed after I moved to Company B and started my new LC and I140.

bmoni
12-23-2006, 05:28 PM
Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .

Thanks

mg_chase
12-24-2006, 11:13 AM
Guys. Assuming the same set of conditions as being discussed in this thread (Intent to change employers, I-140 already approved etc..)... Would I be able to retain my PD even if I change my field when I move to a new employer (shift from IT to Marketing after getting my MBA).

Any help would be highly appreciated. Thanks.