URGENT:Please help I140 revoked

[chigs]

Hi Experts,

i) I worked for employer A and he filed my GC in September 2008 and i have an approved I140 with employer A. I joined employer B in October 2009. Employer B just started my GC process still in PW state. If my employer A revoke my I140, will my employer B have a chance to port the priority date.

 

ii) How do i know if my I140 is revoked with out my notice from employer A. I mean how do i check if my I140 is live as the USCIS statsu always shows under review FOR ADDRESS CHANGE WHICH I NEVER DID even it got approved in the year 2008.

 

Please let me Know.

 

Thank you in Advance.

 

 

[schintala]

As long as I140 is not revoked due to fraud, you can port the PD to another employer even if it is revoked by filing employer. If you know the I140 receipt, online status shows whether it is revoked  or not. Otherwise you can file FOIA to know the status of it.

[geethb]

schintala,

 

Does FOIA tell if 140 has been revoked?

 

As long as I140 is not revoked due to fraud, you can port the PD to another employer even if it is revoked by filing employer. If you know the I140 receipt, online status shows whether it is revoked  or not. Otherwise you can file FOIA to know the status of it.

[Attorney_15]

Under the law if an I-140 is revoked by the employer's withdrawal, the transfer of the priority date to another I-140 is somewhat discretionary since the ability to transfer it post-any revocation derives from agency guidance.

[pontevecchio]

This seems to be a new defensive measure. Agency diktat overrules any individual Officer. It stands to reason that Agency Guidance can only be overruled by the Agency at the top level and is also subject to court challenge. Arbitrary application of rules is possibly not acceptable even to this Supreme Court. It is possible the USCIS makes a future rule or policy though there is guidance regarding retention of the PD in the absence of fraud as of now. Since the major reason for this guidance is the extraordinary delays due to Union intransigence and Government lethargy I seriously doubt this guidance will change in the near term.