EisMcSquare Posted October 19, 2020 Report Posted October 19, 2020 What are your attorney thoughts? 1 Quote
rajahmundry_bullodu Posted October 19, 2020 Report Posted October 19, 2020 i heard news that some were returned if PERM copy was not included. other than that i have not heard of any petitions being returned Quote
Meowcatp Posted October 19, 2020 Report Posted October 19, 2020 My employer took a consent from me, stating my original 140 may get rejected in the worst case ani Quote
rajahmundry_bullodu Posted October 19, 2020 Report Posted October 19, 2020 1 minute ago, Meowcatp said: My employer took a consent from me, stating my original 140 may get rejected in the worst case ani amendment? no idea why old one will get effected if new eb3 is filed. i think it is just to be on a safe side. Quote
EisMcSquare Posted October 19, 2020 Author Report Posted October 19, 2020 2 minutes ago, rajahmundry_bullodu said: amendment? no idea why old one will get effected if new eb3 is filed. i think it is just to be on a safe side. If you file with amendment yes, there are chances both can f up. Attorney said it. If it is filed has new application then issues.( requesting new eb-140 with out touching old one Quote
SUbba LIngam Posted October 19, 2020 Report Posted October 19, 2020 our employer/attorney office is saying they have not heard anything officially and they going to file downgrade petitions as new petitions. Quote
all_cinema_abhimani Posted October 19, 2020 Report Posted October 19, 2020 58 minutes ago, Meowcatp said: My employer took a consent from me, stating my original 140 may get rejected in the worst case ani Our employer took the same. Quote
snoww Posted October 19, 2020 Report Posted October 19, 2020 1 hour ago, EisMcSquare said: If you file with amendment yes, there are chances both can f up. Attorney said it. If it is filed has new application then issues.( requesting new eb-140 with out touching old one This sounds scary ? How come previous one gets void when we are filing for amendment. Quote
MDharmarajuMA Posted October 19, 2020 Report Posted October 19, 2020 2 minutes ago, snoww said: This sounds scary ? How come previous one gets void when we are filing for amendment. you are cheating the US labor conveniently for your immigration changing from EB2 to EB3 and EB3 to EB2. so high chances they will cancel EB2 as well. Quote
JambaKrantu Posted October 19, 2020 Report Posted October 19, 2020 21 minutes ago, MDharmarajuMA said: you are cheating the US labor conveniently for your immigration changing from EB2 to EB3 and EB3 to EB2. so high chances they will cancel EB2 as well. Are you serious man, if it's true then a lot of people will be in trouble Quote
salim Posted October 19, 2020 Report Posted October 19, 2020 Amendment is fine and New I140 are returned. New I40 is not accepted USCIS will continue to reject all Form I-140 petitions that require an approved labor certification that are filed without the original labor certification, unless the original labor certification was previously filed in support of another Form I-140 petition or a duplicate labor certification is being requested by the petitioning employer. 2. Substitution Petitions filed on or after the effective date of the DOL Final Rule USCIS will reject all Form I-140 petitions requesting labor certification substitution that are filed on or after the effective date of the DOL final rule in accordance with new 20 CFR 656.11. Such petitions that are accepted by USCIS in error will be denied based on the fact that the petition was filed without a valid approved labor certification that identified the alien beneficiary on the Form I-140 petition as the alien named on the labor certification at the time that it was approved by DOL2. In accordance with 8 CFR 103.1(f)(3)(iii)(B), petitioning employers may not file an appeal of USCIS’ decision to deny a Form I-140 petition that is filed without an approved labor certification issued by DOL that is in the name of an alien other than the alien named in the Form I-140 petition. Please note that some petitioning employers may have requested labor certification substitution during the labor certification application process with DOL. Labor certification substitution requests that are granted by DOL on or before the approval of the labor certification application do not impact the validity of the labor certification. Such an approved labor certification may be accepted in support of the Form I-140 petition filed on or after the effective date of the DOL final rule. Interim guidance regarding the impact of the Department of Labor’s (DOL) PERM Fraud Rule on determining labor certification validity and the prohibition of labor certification substitution requests. Quote
MDharmarajuMA Posted October 19, 2020 Report Posted October 19, 2020 18 minutes ago, JambaKrantu said: Are you serious man, if it's true then a lot of people will be in trouble most of the attorneys (who are not money minded) telling this. High risk of goign your I140 in jeopardy. Quote
krishna556 Posted October 19, 2020 Report Posted October 19, 2020 we will know for sure very soon. Just little patience Quote
rajahmundry_bullodu Posted October 19, 2020 Report Posted October 19, 2020 1 hour ago, MDharmarajuMA said: you are cheating the US labor conveniently for your immigration changing from EB2 to EB3 and EB3 to EB2. so high chances they will cancel EB2 as well. cheating anta :D Quote
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