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  #316 (permalink)  
Old 05-22-2015, 05:56 PM
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So if an I-140 approved person opts for an EAD, does he/she lose their non-immigration status? (i.e Will be out of status if something goes wrong with I-485 in the future)
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  #317 (permalink)  
Old 05-25-2015, 01:15 PM
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So if an I-140 approved person opts for an EAD, does he/she lose their non-immigration status? (i.e Will be out of status if something goes wrong with I-485 in the future)
I think that is correct and that is the case now also, right ?
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  #318 (permalink)  
Old 05-25-2015, 05:18 PM
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Originally Posted by rupen View Post
I think that is correct and that is the case now also, right ?
That is my understanding too. We are trying to change it so that folks with I-140 EAD can do AoS (and not have to go for Consular Processing) which means that we will have some status.

We need to wait for the language to find out if we are successful.
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  #319 (permalink)  
Old 05-26-2015, 11:46 AM
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Can the admins help us throw some light on this new headache. This worries all of us who have I-140's approved from a previous employer and now if they withdraw it and the priority date is not retained, we are all in a pickle

05/26/2015: Watch for USCIS Position on BIA Unpublished Decision on Loss of Retention of Earlier Priority Date of Approved I-140 When Employer Withdraws it

The USCIS recent decision of its policy on issue of requirement for amended H-1B petition for relocation of H-1B employees taking it as a material change was a mixed bag of conservative and liberal policies of the agency for the H-1B employers in a way. In the form of a "precedent" decision of AAO, the USCIS firmly made its policy that the agency would no longer tolerate the employers moving H-1B employees around without contacting and receiving approval of such relocation from the USCIS.
There are many and many foreign high tech workers who have attained I-140 petitions (mostly EB-3) and changed the employers that sponsored a new PERM application and obtained new I-140 petitions (mostly EB-2). Upto now, there have been no problem in recapturing earlier priority date from the earlier approved I-140 case in the new employer's new I-140 petition, even if the former employer withdrew the aprpoved I-140 petition. This was available because of the USCIS regulation that provides that earlier priority can be retained. Immigration legal community, employers, and foreign workers have assumed that only situation where the retained priority date is lost is when the USCIS revokes the approved I-140 petition on fraud or misrepresentation or error in facts and laws in the decision of the earlier I-140 petition. They thought revocation of the earlier approved I-140 petition by the USCIS based on the employer's withdrawal would not affect the retention of the priority date.
On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the agency takes away the retained priority date. Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue. Foreign workers should watch development of the USCIS policy on this issue along the way. Those with approved I-140 petition are currently elated by the Obama's immigration action opening them in the future an opportunity to change employers without affecting the green card jouney with the preregistration or I-140 EAD, but they should also be mindful of this development on the U.S. Department of Justice Board of Immigration Appeals and closely watch and follow reactions of the adjudicators in the Service Centers after this decision. After the decision, most of lawyers are no longer advising their clients that earlier priority date is definitely retained when former employer withdraws and subsequently the USCIS reovoked the approved I-140 petition.
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  #320 (permalink)  
Old 05-26-2015, 12:02 PM
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Originally Posted by Bhishma View Post
Can the admins help us throw some light on this new headache. This worries all of us who have I-140's approved from a previous employer and now if they withdraw it and the priority date is not retained, we are all in a pickle

05/26/2015: Watch for USCIS Position on BIA Unpublished Decision on Loss of Retention of Earlier Priority Date of Approved I-140 When Employer Withdraws it

The USCIS recent decision of its policy on issue of requirement for amended H-1B petition for relocation of H-1B employees taking it as a material change was a mixed bag of conservative and liberal policies of the agency for the H-1B employers in a way. In the form of a "precedent" decision of AAO, the USCIS firmly made its policy that the agency would no longer tolerate the employers moving H-1B employees around without contacting and receiving approval of such relocation from the USCIS.
There are many and many foreign high tech workers who have attained I-140 petitions (mostly EB-3) and changed the employers that sponsored a new PERM application and obtained new I-140 petitions (mostly EB-2). Upto now, there have been no problem in recapturing earlier priority date from the earlier approved I-140 case in the new employer's new I-140 petition, even if the former employer withdrew the aprpoved I-140 petition. This was available because of the USCIS regulation that provides that earlier priority can be retained. Immigration legal community, employers, and foreign workers have assumed that only situation where the retained priority date is lost is when the USCIS revokes the approved I-140 petition on fraud or misrepresentation or error in facts and laws in the decision of the earlier I-140 petition. They thought revocation of the earlier approved I-140 petition by the USCIS based on the employer's withdrawal would not affect the retention of the priority date.
On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the agency takes away the retained priority date. Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue. Foreign workers should watch development of the USCIS policy on this issue along the way. Those with approved I-140 petition are currently elated by the Obama's immigration action opening them in the future an opportunity to change employers without affecting the green card jouney with the preregistration or I-140 EAD, but they should also be mindful of this development on the U.S. Department of Justice Board of Immigration Appeals and closely watch and follow reactions of the adjudicators in the Service Centers after this decision. After the decision, most of lawyers are no longer advising their clients that earlier priority date is definitely retained when former employer withdraws and subsequently the USCIS reovoked the approved I-140 petition.
Oh is hard to read at the best of times, but that rambling prose you have reproduced on our August forums is harder to read than most.

That said, my understanding is Oh is scared that withdrawal of I-140 is going to result in loss of PD.

That might be possible (but improbable) under current regulations, but under the new regime, it will be impospsible. One of the initiatives that is going on in the background is to include the employee in ownership of I-140 so employers will not be able to unilaterally withdraw it.

This is being pursued through a separate channel - via AAO instead of new regulation.

http://www.uscis.gov/sites/default/f...-AAOamicus.pdf

To me that whole rant sounds like Oh trying to make himself relevant when he clearly knows nothing.
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  #321 (permalink)  
Old 05-26-2015, 12:37 PM
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Thank you for the response. It would be an understatement to say that 'I appreciate IV's efforts for the EB community'
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  #322 (permalink)  
Old 05-26-2015, 12:44 PM
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Originally Posted by Bhishma View Post
Thank you for the response. It would be an understatement to say that 'I appreciate IV's efforts for the EB community'
Hope to see you at the June advocacy event.
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  #323 (permalink)  
Old 05-26-2015, 12:47 PM
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Originally Posted by hil3182 View Post
Oh is hard to read at the best of times, but that rambling prose you have reproduced on our August forums is harder to read than most.

That said, my understanding is Oh is scared that withdrawal of I-140 is going to result in loss of PD.

That might be possible (but improbable) under current regulations, but under the new regime, it will be impospsible. One of the initiatives that is going on in the background is to include the employee in ownership of I-140 so employers will not be able to unilaterally withdraw it.

This is being pursued through a separate channel - via AAO instead of new regulation.

http://www.uscis.gov/sites/default/f...-AAOamicus.pdf

To me that whole rant sounds like Oh trying to make himself relevant when he clearly knows nothing.
I think he is trying to scare people so that whoever believes him would remain bonded to employer. That way at least that much business is saved and he would have served his clients' interest (read companies)
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  #324 (permalink)  
Old 05-26-2015, 03:32 PM
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Default Appeal denied

5TH Circuit Court denies stay pending appeal in Texas v. USA case regarding Extended DACA and DAPA. One more set back but lets continue to fight. Hang on friends..
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  #325 (permalink)  
Old 05-26-2015, 03:43 PM
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5TH Circuit Court denies stay pending appeal in Texas v. USA case regarding Extended DACA and DAPA. One more set back but lets continue to fight. Hang on friends..
denial of stay appeal is supposed to be good, right? it should lift the stay order?

where did you find this news?
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  #326 (permalink)  
Old 05-26-2015, 03:49 PM
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Nope, it means the Administration cannot process applications whilst DACA/DAPA case is still on trial in the Texas Courts. Off course the the Administration will appeal to a higher court (possibly supreme court) but it will take time to get a verdict. The hope is that it will speed up the legal immigration process as USCIS has more time to dedicate to our cause but as IV has mentioned before, one is not mutually exclusive of the other. It would have been a good thing for the Administration to have won this appeal.
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  #327 (permalink)  
Old 05-26-2015, 03:52 PM
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Originally Posted by harishps123 View Post
Nope, it means the Administration cannot process applications whilst DACA/DAPA case is still on trial in the Texas Courts. Off course the the Administration will appeal to a higher court (possibly supreme court) but it will take time to get a verdict. The hope is that it will speed up the legal immigration process as USCIS has more time to dedicate to our cause but as IV has mentioned before, one is not mutually exclusive of the other. It would have been a good thing for the Administration to have won this appeal.
Yes. I found the story. I do not know how much this is going to affect legal immigration EAs. This is exactly why we must all fight for HR213.

http://www.nytimes.com/2015/05/27/us...plan.html?_r=0
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  #328 (permalink)  
Old 05-26-2015, 03:53 PM
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No it is not good for undocumented folks. 'A federal appeals court has refused to lift a temporary hold on President Obama's executive action that could shield millions of immigrants from deportation. '
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  #329 (permalink)  
Old 05-26-2015, 03:59 PM
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Originally Posted by sengs View Post
Hope to see you at the June advocacy event.
Were you being sarcastic? His IV handle isn't registered for the advocacy day event.
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  #330 (permalink)  
Old 05-26-2015, 04:00 PM
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Default News Article

Court Won't Lift Hold on Obama Immigration Action - ABC News
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