I-140 being revoked from previous employer

[ryan2009]

Hello Immigration expert's,

This murthy forum is very helpful and great for first advice. I am in H1B and have a following scenario. Any answer will be appreciated.

From Employer A:

-PERM Approved => SEP 2008

-Labor I-140 => SEP 2009

-485 => Not filed since Priority date is long way to go

At Employer B:

-H1B Transferred and Joined => Aug 2011

Now Employer A is saying that they will revoke i-140. My concern is, Can I use the SEP 2008 Priority date from employer A after their revoke when employer B starts filing my green card process (Employer B would start green card process in around DEC 2011).

Thanks in advance.

[cowboys26]

Originally posted by ryan2009:

Hello Immigration expert's,

This murthy forum is very helpful and great for first advice. I am in H1B and have a following scenario. Any answer will be appreciated.

From Employer A:

-PERM Approved => SEP 2008

-Labor I-140 => SEP 2009

-485 => Not filed since Priority date is long way to go

At Employer B:

-H1B Transferred and Joined => Aug 2011

Now Employer A is saying that they will revoke i-140. My concern is, Can I use the SEP 2008 Priority date from employer A after their revoke when employer B starts filing my green card process (Employer B would start green card process in around DEC 2011).

Thanks in advance.

Remember that if the employer revokes the i140 then you have lost if forever...You need to start from scratch again...Till a while ago it was considered that even if the i140 was revoked ,it was ok and you get to keep priority date. But recently it looks like USCIS have been strict about this. I got this info from a popular immigration lawyer .....

[sherlock2]

@cowboy - Not true, i just had one of my colleagues port their PD using an approved copy of i140 (obtained through g639 for) - this was barely 2 weeks ago.....

in this case the old employer revoked the i140 almost 6 months ago...from when this porting was attempted....

in cases where the porting is attempted without the copy of i140 (either 797 for i140 or the petition copy obtained using foia/g639 act... or if only the i140 petition number is available.... USCIS is unable to accomdate the porting !!

the only debatable topic is if FOIA can still get us the copy if employer is unwilling to share it with the employee......once the employer revokes the i140....(my situation :) )

[ryan2009]

Hello everyone,

I was browsing this document and I think its no use. What all you say? Please advise.

On this USCIS PDF it says, on page 4

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

Here pasted the relevant content:

Question 11. When is an I-140 no longer valid for porting purposes?

Answer: An I-140 is no longer valid for porting purposes when:

A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or

B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal

that was submitted after an I-485 has been pending for 180 days.

Thanks

[Attorney_15]

By regulation priority dates do not transfer when the I-140 is revoked, but the Service's guidance states that so long as it i not revoked for fraud or misrepresentation, the priority date can transfer.

[prabhu07]

I have the same question and in a similar situation. However, this is something that I found now - http://****************

Excerpting the part that is of interest here...

--------------------

If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever.

--------------------

The above says that the employee "owns" the PD forever, which is really reassuring.

Any thoughts?

[This message was edited by Admin on August 16, 2011 at 06:31 PM.]

[arpitpal]

I have heard that USCIS is not porting PD if I-140 revoked by employer. There is no clear law in this context. It is just USCIS memo released in 2005 states that you can retain PD if I-140 is revoked by employer. It seems like they are not following memo. If I-140 is revoked after 180 days of filing I-145 then you can retain it.