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  #1 (permalink)  
Old 06-17-2010, 07:09 PM
Member
Priority Date
:
Feb-04
Category
:
EB3
I140 Mailed Date
:
12/01/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
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Join Date: Sep 2009
Posts: 52
patiently_waiting is on a distinguished road
Default What happens when the approved I-140 gets cancelled ?

Hi,

My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.

My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.

If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?

Any one, Please kindly give your suggestions.

Thanks
__________________
*********************************
EB3-India Priority Date : 24 Feb 2004
I-140 Approved on 25 June 2007
Yet to Apply I-485
*********************************
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  #2 (permalink)  
Old 06-18-2010, 03:02 AM
Senior Member
Priority Date
:
Nov-10
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:
EB2
I140 Mailed Date
:
07/23/2012
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:
India
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I-140
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:
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Join Date: May 2006
Posts: 142
deecha is on a distinguished road
Default

Quote:
Originally Posted by patiently_waiting View Post
Hi,

My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.

My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.

If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?

Any one, Please kindly give your suggestions.

Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
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  #3 (permalink)  
Old 06-18-2010, 08:17 AM
Member
Priority Date
:
Feb-04
Category
:
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I140 Mailed Date
:
12/01/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 52
patiently_waiting is on a distinguished road
Default

Thanks for your reply.
__________________
*********************************
EB3-India Priority Date : 24 Feb 2004
I-140 Approved on 25 June 2007
Yet to Apply I-485
*********************************
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  #4 (permalink)  
Old 06-18-2010, 11:25 AM
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veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Question That's not true

As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.

I would check with a good immigration attorney before making a decision.

Quote:
Originally Posted by deecha View Post
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
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  #5 (permalink)  
Old 06-18-2010, 12:30 PM
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anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute
Default

I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
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  #6 (permalink)  
Old 06-18-2010, 02:53 PM
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veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Unhappy I-140 PD is not yours until...

Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).


Quote:
Originally Posted by anu_t View Post
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
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  #7 (permalink)  
Old 07-06-2010, 06:10 PM
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raoece will become famous soon enough raoece will become famous soon enough
Default

once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
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  #8 (permalink)  
Old 07-06-2010, 06:30 PM
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veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Red face Remember I-140 is employer petition!!

Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.

If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.

Quote:
Originally Posted by raoece View Post
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
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0 out of 1 members found this post helpful.
  #9 (permalink)  
Old 07-06-2010, 06:38 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
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:
India
Processing Stage
:
I-140
I485 Mailed Date
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Join Date: Jun 2007
Posts: 117
anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute
Default

Quote:
Originally Posted by veni001 View Post
Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.

If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.

Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
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  #10 (permalink)  
Old 07-06-2010, 09:53 PM
Senior Member
Priority Date
:
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:
N/A
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Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Angry May be he is right!

Looks like my attorney did not read 8 CFR completely before answering my question?

Quote:
Originally Posted by anu_t View Post
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
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  #11 (permalink)  
Old 07-08-2010, 05:38 PM
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Posts: 155
ak_2006 is a glorious beacon of light ak_2006 is a glorious beacon of light ak_2006 is a glorious beacon of light ak_2006 is a glorious beacon of light ak_2006 is a glorious beacon of light
Default Looks like good news

If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
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  #12 (permalink)  
Old 07-09-2010, 02:12 PM
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lost can only hope to improve
Default

its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!
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  #13 (permalink)  
Old 07-09-2010, 02:46 PM
Senior Member
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Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Question As long as we don't get mixed-up between the employers!

Remember not all job classification qualify for EB2, especially software related, check O*Net and then in this economy employer need to test the market and prove that he couldn't find a qualified american worker! Unless it's specialized skill i don't think it's easy!

Quote:
Originally Posted by ak_2006 View Post
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
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  #14 (permalink)  
Old 05-15-2012, 02:09 PM
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singhraj is on a distinguished road
Default H1-b is good, I-140 cancelled or not

This is what i received from my Company's attorney.
I'm in similar situation.

Validity of post-sixth year H1B status after an I-140 is withdrawn

Hope this helps ...

Thanks
Raj
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