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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 02-08-2012, 04:37 PM
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naren_reddy is on a distinguished road
Default Using old PD-Employer revoked approved I140

Hi all

I worked for Company A from 2005 to 2006. They started my GC process. My Labor and I-140 were both approved (Case EB3: PD: June 2006). I left the company in 2006 without filing I-485. In 2007, Company A withdrew my I-140 (I guess they used my labor for someone else).

Can you please help me on below questions?

1) I am not sure whether they used my labor for someone (substitute) or not. My employer is cruel person, not willing to tell anything. How can I find whether he used my previous labor or not? May be he just withdrew my I140, not used for someone. I read in different forums that even previous company revokes I140 or used for someone after employee moves to other company, Old employee can still use PD, but If Employer sold(i want to use this word) the labor to other person(2007), can i still get PD from previous I140?.

2) If i go to USCIS office (using Info pass) do they tell whether previous employer substituted my labor? Or do they give who is current beneficiary on I140. I have Receipt# number.

3) I just sent I140 copy request using FOIA form. I think it will take several months. If local USCIS has my info, that will help, I am planning to take appointment, I noticed some of them got I140 info using Info pass, USCIS may not share I140, but I want to try. What questions I should ask USCIS? do they replace my name in beneficiary area once my previous labor used for some one?

Anybody in this situation? I am planning to file new GC. If I am able to get old date, then I can avoid the slavery.

Please share your toughts....
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  #2 (permalink)  
Old 02-08-2012, 04:46 PM
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sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold
Default I think you cannot retain the old date..

I remember recently there was some guidance change from USCIS where it was mentioned that PD date from old employer cannot be retained in case I140 has been revoked. So in that scenario you cannot retain the date irrespective of whether Labor has been substituted or not.

Though it was possible in the past to retain date on revoked I140 as well. You may want to check with your attorney for recent changes.


Regards
SG
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  #3 (permalink)  
Old 02-08-2012, 05:03 PM
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Default

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Originally Posted by sg27 View Post
I remember recently there was some guidance change from USCIS where it was mentioned that PD date from old employer cannot be retained in case I140 has been revoked. So in that scenario you cannot retain the date irrespective of whether Labor has been substituted or not.

Though it was possible in the past to retain date on revoked I140 as well. You may want to check with your attorney for recent changes.


Regards
SG
Are you sure? If that is the case then it is going to create a panic among the people who are trying to change employers and port. USCIS is closing doors again for EB3s.
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  #4 (permalink)  
Old 02-09-2012, 10:07 AM
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Below are the answers:

1) Technically you should get previous PD UNLESS the I-140 is revoked due to fraud/misreprsentation. Catch hold of Good Lawyer like murthy/rajiv khanna - They will fight it out.

In accordance with 8 C.F.R. 204.5(e), 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.


2) USCIS will not talk to you about Labor/I-140 as its all Company affair.

3) I think FOIA form will at the most will give you I-140 Approval notice thats it. Again USCIS will not talk to you about Labor/I-140 as its all Company affair.

My Advice:
Don't lose hope, Leave the task of enquiring abt the previous labor/I-140. That will yield you nothing. Whenever you file your New Labor/I-140 go with Good Lawyer. They will fight it out..
Especially Murthy law firm. Hope this helps !!!
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  #5 (permalink)  
Old 02-09-2012, 10:57 AM
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naren_reddy is on a distinguished road
Smile

Quote:
Originally Posted by kishore.salla View Post
Below are the answers:

1) Technically you should get previous PD UNLESS the I-140 is revoked due to fraud/misreprsentation. Catch hold of Good Lawyer like murthy/rajiv khanna - They will fight it out.

In accordance with 8 C.F.R. 204.5(e), 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.


2) USCIS will not talk to you about Labor/I-140 as its all Company affair.

3) I think FOIA form will at the most will give you I-140 Approval notice thats it. Again USCIS will not talk to you about Labor/I-140 as its all Company affair.

My Advice:
Don't lose hope, Leave the task of enquiring abt the previous labor/I-140. That will yield you nothing. Whenever you file your New Labor/I-140 go with Good Lawyer. They will fight it out..
Especially Murthy law firm. Hope this helps !!!

Kishore, Thank you so much....I will discuss with Lawyers and file new GC.
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