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jainus99

How to retain priority date on Job change ( I-140 is approved)

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Thanks for helping us.

My I-140 was approved in Jun 2014 and my Priority date is Oct 2013 and my green card is filed in EB-2, My H1-B 6 year will complete in April 2017. I want to change my job and my new employer is ready to file my green card in EB-2, I asked old employee in my company and they said when any one leave the company they revoke green card because they file so many green card each year.

 

I am looking for some proper solution by which I can change my job and I can retain my priority date.

 

I have few questions, it will be really helpfully to me, if you can answer all the question separately.

1.       Can you please suggest what is the best way I can adopt during job change, so that I can retain my priority date, because I already spend 3 years waiting.

2.       Is it possible for my new employer to file my green card as a future employee ?

3.       If  yes -  what will be safe way to job change , when PERM is filed or When PERM is approved or WHEN I-140 is filed or When I-140 is approved ?

4.       With your experience what is possibility to get I-140 (Green Card) approve as a future employee ? I am planning to join some decent company.

5.       Assume that I will get I-140 approve with Old priority date as a future employee and after that I Join new employee and my old company revoke my green card, then also I will be eligible to retain my priority date with new approved I-140 ?

Few General questions:

1.       How I came to know that my I-140 is revoked ? USCIS will send me any letter or email ?

2.       is any web site you can suggest me where I can check my I-140 status any time?

3.       where I can check how many green card my company filed and how many they revoked and at what stage?

4.       Some people told me that after 180 days , my employer can't revoke my I-140 , is it true ?

5.       Some web site says it I-140 is revoked by employer then also I can retain my priority date except I-140 is not revoked because of fraud or willful misrepresentation. please find different web site for reference.

 

 I am very confused , please guide me what all precautions I must take before joining new job and I can retain my priority date

 

Reference:

[1]

http://www.murthy.com/2015/05/28/bia-decision-brings-uncertainty-to-priority-date-retention-after-i-140-revocation/

 

 

Current Policy Typically Allows Retention, Even After I-140 Revocation

 

Priority date retention is only possible if the case results in an approved I-140. When this occurs, the priority date can usually be retained by the beneficiary for any subsequent employment-based green card case. This is permitted even if there is a change in EB category, job category, location, or any other similar variation.

 

But, what if the I-140 is approved and then revoked? The law allows the USCIS to revoke an approved I-140 for a variety of reasons. In fact, a petitioning employer may request that the USCIS revoke an approved I-140 at any time, without explanation or reason. This commonly occurs when a foreign national worker leaves the petitioner to move to a new employer. The applicable regulations appear to prevent the retention of priority dates if an I-140 is revoked for any reason. However, longstanding policy by the USCIS and Legacy INS has been that, even following a revocation of the I-140, the priority date still may be retained. The one exception to this, per the USCIS Adjudicator’s Field Manual (AFM), is when the I-140 is revoked by the government based upon fraud or willful misrepresentation.

 

 

[2]

 

http://www.***********************.com/

 

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

 

 

[3]

 

http://www.****************.com/

 

Video but new comments enter:

 

6 May 2015: We are noticing a VERY disturbing trend: USCIS seems to have reverted back to the position (or are in the process of reverting back) that priority date will be lost if the I-140 is revoked, even if revoked by the employer, not USCIS. - See more at: http://www.****************.com

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