05/26/2015: Watch For Uscis Position On Bia Unpublished Decision On Lo

[massmaharaj]

• 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• On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the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 Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue.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.

 

 

 

in simple words, 

 

you can't  port your pd , if you change your employer in future 

[Autowala]

 

• 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.

 

 

 

in simple words, 

 

you can't  port your pd , if you change your employer in future 

 

super

[Spartan]

you can't  port your pd , if you change your employer in future

 

 

- not changing...only if employer revokes ur 140...... 

[massmaharaj]

you can't  port your pd , if you change your employer in future

 

 

- not changing...only if employer revokes ur 140...... 

mistkake typo error  chitti about to change you rectified 

[tom bhayya]

calling vissu darling.. idhi vinnavaa? :3D_Smiles_38:

[idiBeZaWaDa]

you can't  port your pd , if you change your employer in future

 

 

- not changing...only if employer revokes ur 140...... 

Cant port PD??...adendi...EAD vachedaka maralema inka? WTF

[massmaharaj]

Cant port PD??...adendi...EAD vachedaka maralema inka? WTF

i think you have apply from skrach 

[Piscop]

$^^E  (.L@  &D_@@  bye1  :3D_Smiles:  :15_3_321:  :surprised-038:

[thanks]

idem lolli.... h1 amendment antaru pd port cheyalem antaru... anni darlu moosestunnaru... intiki pampistara endi katha

[Puri]

@3$%   @3$%

[mettastar]

I-140 unna vallaki ead ivvali for job portability ani oka Pakkane reform chesthunte Wat is this lolli

[patela_24]

you can't  port your pd , if you change your employer in future

 

 

- not changing...only if employer revokes ur 140...... 

 

Think chitti is correct...but mundhe employer/HR tho verify cheskunte better -  in case of worst case scenario(like layoffs/position dissolve), would the employer still hold approved I140 for a certain period or not? ... ee question ki evarikaina idea unte, post cheyyandi

[idiBeZaWaDa]

i think you have apply from skrach 

isnt it conflicting with 140 EAD??...edo luvdalo lolli...

[tom bhayya]

malla employer gallaki pilaka andhindhi gaa kooli lani aadinchadaaniki..

[vaade_veedu]

odiyamma H4 ead icchesi andariki doors close chesesadu ga ... 2010 tarvatha vacchinollaki disaster aa