I140 Approved..........need To Change The Employer

[dotnetrockz]

that is true anukuntuna (mostly).. you have to be with your employer for atleast 6 months after i 140 is approved

souce plz

[dotnetrockz]

Here is the clarification from Murthy.com

The law states that the priority date is not retained if the I-140 has been revoked by the employer. However, it is a matter of policy and the USCIS often allows the retention of priority dates in this situation. It is something we request routinely. However, if the USCIS does not wish to allow the retention of the priority date, they would be on firm ground because the law is clear even though the policy is more generous, in most situations.

intresting....

[mettastar]

Nenu kotha company ki maruthunna emavudho ento

[mettastar]

http://www.imminfo.com/~imminfo/News/2012-10-31/I-140-no-longer-valid.html

[Khadgam]

Here is the clarification from Murthy.com

The law states that the priority date is not retained if the I-140 has been revoked by the employer. However, it is a matter of policy and the USCIS often allows the retention of priority dates in this situation. It is something we request routinely. However, if the USCIS does not wish to allow the retention of the priority date, they would be on firm ground because the law is clear even though the policy is more generous, in most situations.

 

this is something new...is that statement from attorney?
 

[mettastar]

When is an I-140 no longer valid for priority date porting purposes?

There is a great deal of confusion as to when a previously approved I-140 is no longer valid for purposes of porting a previously established priority date. The law is very clear on this subject.

Once a priority date is established through the approval of an I-140 immigrant preference petition, the beneficiary is entitled to keep that priority date for all subsequently filed I-140 petitions, irrespective of the employer, occupation, preference category, or location.

8 CFR 204.5(e):

Retention of section 203(b )(1), (2), or (3) priority date. 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. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

[Note: Reference to 203(b )(1), (2), or (3) means employment based first, second, and third preference classifications, respectively.]

Some individuals have read this language to mean that any revocation results in a loss of the earlier established priority date. This interpretation is incorrect. The USCIS, in the Adjudicator's Field Manual, at Chapter 22.2(b )(5)(A)(5), makes it clear that only a revocation based on a finding of fraud or misrepresentation results in a loss of the priority date:

(A) Determining the Priority Date. 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 (see the section on successorship of interest). [Emphasis added].

This limitation is also explained in the Department of State's Foreign Affairs Manual at 9 FAM 42.53 Note 3.5:

Subsequent Petition in Employment-Based Classifications
(CT:VISA-1545; 09-27-2010)

a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded by approval of an employment-based first, second, or third preference petition is retained by the beneficiary for any other first, second, or third preference petition approved subsequently for the same beneficiary. In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions. [Emphasis added]

b. Subsequent petitions need not be from the same petitioner or for the same type of employment. However, where the applicant is no longer proceeding to work for the first petitioner, it would be reasonable to make inquiries to determine whether the first petition had been revoked. (See 9 FAM 42.53 Exhibit II, 8 CFR 204.5(e).)

c. A priority date established in the employment-based first, second, or third preference category is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.

Clearly, not all revocations result in a loss of the earlier established priority date. For example, when an employer withdraws a petition filed on behalf of a current or former employee, the USCIS will revoke the I-140, but that revocation will not result in the loss of the established priority date.

For information about employment based priority dates generally, please click here.

 

[accuman]

Yes go ahead..employer can with draw ur petition..though u can use PD with new employer..only u cannot if USCIS finds ur employer A is fraud and its shut down on basis of fraud then all petions filed by them will be void..

This topic is beaten to death in Trackitt..if u still doubt pay attorney fees will get the same answer..

FYI I paid fees for this answer..

Your pd valid once your new labor with new employer should go through also.

There might be chances for denying new labor even it is a ft

[telugu_bidda]

e thread information  sHa_clap4

[ATOM]

LTT

[dotnetrockz]

this is something new...is that statement from attorney?
 

since its from murthy...it might be a legitimate statement....

 

my understanding on this is that uscis may opt various reasons in consideration of ur pd.....like okadiki mechanical side labor apporve ayyi...vadu it ki shift ayyi malli vere emp tho aa pd use cheyyalani chusthe uscis might not accept.....

[accuman]

since its from murthy...it might be a legitimate statement....

my understanding on this is that uscis may opt various reasons in consideration of ur pd.....like okadiki mechanical side labor apporve ayyi...vadu it ki shift ayyi malli vere emp tho aa pd use cheyyalani chusthe uscis might not accept.....

It is true

Even in IT also

Same roles and responsibilities

And file labor with different designation

In that scenario also declines.

[Khadgam]

since its from murthy...it might be a legitimate statement....

 

my understanding on this is that uscis may opt various reasons in consideration of ur pd.....like okadiki mechanical side labor apporve ayyi...vadu it ki shift ayyi malli vere emp tho aa pd use cheyyalani chusthe uscis might not accept.....

 

makes sense, good to know.