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Analysis Discussion This forum is used to analyze, predict, track and share the information about the progress of visa dates, visa bulletin and application status of individual cases.

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  #1 (permalink)  
Old 09-09-2015, 03:26 PM
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NaCh007 is on a distinguished road
Default ***HELP*** P.D. July 7, 2011, EB2 Category, Resgined Y'day!!

Hi,

My PD is July 7, 2011 under EB2 category. Today, I see that the dates have moved to July 1 2011. I resigned from my current company who holds the GC yesterday with the last date being Sept 29, 2015.

Question :

1. What is this date July 1, 2011 signify? Can we file EAD now, if PD is before July 1,2011?

2. Should I take back my resignation?

Please advise.

Thanks,
Naresh
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  #2 (permalink)  
Old 09-09-2015, 05:25 PM
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You says your PD is 07/7/2011 so you still have to wait to file EAD but you may qualify sooner due to USCIS's New Bulletin Format. If I have choice, I would take back my resignation & take a advantage of this New Bulletin.
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  #3 (permalink)  
Old 09-09-2015, 06:05 PM
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Karthik730 is on a distinguished road
Default My situation is similar..! Can someone please suggest?

My current position has been removed and tomorrow is my last date (9/10/15) with the current employer.
I have a approved I-140 and my P.D is April-2011. Should I need to wait for PERM approval from new employer. My job title and position is exactly same with new employer.
Is there any way I can skip the PERM process?
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  #4 (permalink)  
Old 09-09-2015, 06:10 PM
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Quote:
Originally Posted by Karthik730 View Post
My current position has been removed and tomorrow is my last date (9/10/15) with the current employer.
I have a approved I-140 and my P.D is April-2011. Should I need to wait for PERM approval from new employer. My job title and position is exactly same with new employer.
Is there any way I can skip the PERM process?
Unfortunately, no way to bypass PERM.
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  #5 (permalink)  
Old 09-09-2015, 09:05 PM
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Default Join the old employer is the only way out...

Quote:
Originally Posted by Karthik730 View Post
My current position has been removed and tomorrow is my last date (9/10/15) with the current employer.
I have a approved I-140 and my P.D is April-2011. Should I need to wait for PERM approval from new employer. My job title and position is exactly same with new employer.
Is there any way I can skip the PERM process?
If you still have a good relationship with the old employer and he has a position matching your profile join him and make use of the old I140.
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  #6 (permalink)  
Old 09-10-2015, 02:34 PM
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Default

Quote:
Originally Posted by Karthik730 View Post
My current position has been removed and tomorrow is my last date (9/10/15) with the current employer.
I have a approved I-140 and my P.D is April-2011. Should I need to wait for PERM approval from new employer. My job title and position is exactly same with new employer.
Is there any way I can skip the PERM process?
Karthik, can u plz share the outcome of your situation?
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  #7 (permalink)  
Old 09-10-2015, 02:36 PM
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Default

Folks,

Lets say, this is my dream job, then is it not advisable to move as for the below reasons?

1. My PD is not current yet.
2. Even if I get EAD now, I will be looking for a job change, which is what I am doing now.

Please advise.
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  #8 (permalink)  
Old 09-11-2015, 09:17 AM
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Default

Quote:
Originally Posted by NaCh007 View Post
Folks,

Lets say, this is my dream job, then is it not advisable to move as for the below reasons?

1. My PD is not current yet.
2. Even if I get EAD now, I will be looking for a job change, which is what I am doing now.

Please advise.
Ok Naresh, you or your friend need to give priority to what you/he feels important. If job/career/ growth and benefits associated with it is more valuable then go for the job change. The risk you/he will be taking is delayed green card but more bucks in hand.

If you have teen age children or kids over 13 who are not citizens then you got to be careful with this. GC will help the kids to qualify for in-state tuition in the state Universities.
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  #9 (permalink)  
Old 09-13-2015, 09:33 PM
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Default Update from attorney on priority date.

Folks, will the priority date is lost when the employer revokes the I140 petition? I came to know from an attorney that whether the priority date is maintained or not is uncertain as USCIS has reversed it position few times on it. Please let me know.
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  #10 (permalink)  
Old 09-14-2015, 09:31 AM
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Quote:
Originally Posted by NaCh007 View Post
Folks, will the priority date is lost when the employer revokes the I140 petition? I came to know from an attorney that whether the priority date is maintained or not is uncertain as USCIS has reversed it position few times on it. Please let me know.
Currently the priority date is retained even if the employer cancels the I-140.

The only thing is that you cannot use a cancelled I-140 to extend H1s or H4 EADs. If USCIS revokes due to fraud, then you are screwed for both.
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  #11 (permalink)  
Old 09-14-2015, 04:48 PM
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Default

Quote:
Originally Posted by DMX17 View Post
Currently the priority date is retained even if the employer cancels the I-140.

The only thing is that you cannot use a cancelled I-140 to extend H1s or H4 EADs. If USCIS revokes due to fraud, then you are screwed for both.
Are you sure?

Please see the below links -

BIA says alien cannot keep priority date from withdrawn or revoked I-140 petition - Chicago Immigration Lawyer Blog ,

BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation Murthy Law Firm : U.S. Immigration Law

And response from immigration attorney Greg Siskind of VisaLaw.com -

USCIS has gone back and forth on this. Most recently they have said you lose it. But I'm betting this will change again soon.

Sent from my iPhone
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  #12 (permalink)  
Old 09-14-2015, 05:05 PM
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DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
Default

Quote:
Originally Posted by NaCh007 View Post
Are you sure?

Please see the below links -

BIA says alien cannot keep priority date from withdrawn or revoked I-140 petition - Chicago Immigration Lawyer Blog ,

BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation Murthy Law Firm : U.S. Immigration Law

And response from immigration attorney Greg Siskind of VisaLaw.com -

USCIS has gone back and forth on this. Most recently they have said you lose it. But I'm betting this will change again soon.

Sent from my iPhone
I don't know the true reason for the double meaning response of these lawyers.....

Instead, the lawyers should be saying the law allows retaining PD (unless the previous I-140 was based on a fraud or misrepresenation) and if USCIS makes a mistake of not allowing the retention of PD, they will fight for you.

CFR 204.5(e)

"(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.
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