the hottest immigration tracker
|
 
| Got questions on U.S. immigration? |
 |
|
|
|
I-485 Discussion Forum
I140 with drawn, please help. . . |
|
Like this thread? |  |  |
|
Hi Friends,
Old I-140 (EB3) approved in 04/13/2006 with Company 'A' with PD of July 8, 2002.
New I-140 (EB2) approved in 08/14/2006 with Company 'B'. During I-140 application we requested for PD Portability from Old I-140.
I-485 applied from Company'B' in 11/13/2006.
Old I-140 (EB3) has been with drawn by Company 'A' in 08/14/2007. Which is 9 months after we applied for I-485 from Company 'A'.
I received a letter from USCIS/TSC stating that they can't use PD July 8, 2002 as my Old I-140 has been with drawn by Company 'A'.
I heard somewhere that according to AC21 Portability rule, if my I-485 is pending over 180 days then irrespective of Old I-140 status, I am eligible to Portable Old I-140's date. Is it true? I went to Infopass yesterday, but officer is not agreeing with me.
I am wating for my GC since 7 years as I applied my first labor in 2002. Please help me with your valuable suggestions. I knew many people resolved their issues with your help. Plesae help me. You can shoot email to me at ramesh_gattu@yahoo.com or reach me at 661.317.7770.
Thanks,
Ram
|
to gattur:
http://immigration-information.com/forums/showt...
http://www.uscis.gov/propub/ProPubVAP.jsp?docke...
Article
-------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of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.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 successor in interest).
****F--K USCIS. They have always been Morons, and will be Morons. There are enuf memos out there, if u went thro the above! Use a oood lawyer, file a congrsnl enquiry. Dig deep into this forum, u will find success stories of folks that suffered like u, but fought hard /w USCIS and won!!!***
|
to Olympian:
I have a question though. What if the case is labor substitution and the associated I-140 with old PD was revoked and was re-used by another person, can one person with approved I-140 through that LC be able to port using AC21?
|
I have a question though. What if the case is labor substitution and the associated I-140 with old PD was revoked and was re-used by another person, can one person with approved I-140 through that LC be able to port using AC21?
to July31stRN:
Ahem.......Subs labor for someone born in Philippines?? WOW! u must be the first! :-D Sweet!
Hmmm! And.......when the I-140 was revoked meaning.......was it revoked by USCIS on their own accord citing fraud or misinterprt, or was it thro the employer's request?? And who is the one that is porting? The labor's original beneficiary or the dude who got substitution???
Orginal beneficiary = A
Substituted beneficiary = B
So did the petitioner withdraw A's I-140 after it was approved??
Did A already apply for I-485?? And did the I-140 withdrawal come after 180 days of pending I-485 for A
Or were u talking about B all this time?
This is a very dangerous path to tread.......for only one I-485 can be approved for one Labor petition. |
to Olympian:
I am not sublabor...I have my own...I am just thinking that his case maybe like that.
|
I am not sublabor...I have my own...I am just thinking that his case maybe like that.
to July31stRN:
Oh! What is labor exempt? I thought only EB2-NIWs get labor exempt!! Hmmmmm....... r u a Medical Assistant or Sched-A Nurse? |
to Olympian:
Yes. I am Schedule A applicant so my labor was submitted with I-140. Schedule A applicants don't need LC to be applied to DOL. We submit it to USCIS directly with I-140. So, our PD is the I-140 RD. Understand?
|
Yes. I am Schedule A applicant so my labor was submitted with I-140. Schedule A applicants don't need LC to be applied to DOL. We submit it to USCIS directly with I-140. So, our PD is the I-140 RD. Understand?
to July31stRN:
Good job! But u still come under EB3? wat a shame!!! Y cant USCIS accelerate ur petition? |
to Olympian:
My petition is already approved. Just waiting for the GC.
|
to July31stRN:
Btw, let's go back to the topic opened by OP. This thread is not about me. I was just asking about Labor sub, which could be his case.
|
gattur needs to reply back, if his 2002 labor was substituted to another person, and if this "another person" went ahead and applied for I-485 as well, and got it approved as well!!!
Old I-140 (EB3) has been with drawn by Company 'A' in 08/14/2007. Which is 9 months after we applied for I-485 from Company 'A'.
to July31stRN:
Thats a gross violation of AC-21, and USCIS shud have known better! F..kheads!
|
to gattur:
Gattur,
Did you do all this with the advice of an attorney? It seems like a bit of a mess since you seem to have applied for the I485 with Company 'A' after you had already ported to Company 'B'. And you need a pending I-485 for 180 days before porting.
If you don't already have one, I would strongly suggest that you get a good attorney. The 4 years of PD you would be losing could cost you several years of wait, so it would be money well spent.
JC
|
Gattur,
Did you do all this with the advice of an attorney? It seems like a bit of a mess since you seem to have applied for the I485 with Company 'A' after you had already ported to Company 'B'. And you need a pending I-485 for 180 days before porting.
JC
to jc123:
I am a little doubtful as to whether that's correct. AC21 requires that I-485 be pending 180 days. Does PD porting (where a new Labor + I-140 are filed with even a new employer) need I-485 to have been filed?
I think OP has a strong case. |
to lessrandom:
It's a strong case if it's not LC sub.
|
to jc123:
Dear JC123,
Thank you very much for your response. I applied I-485 thru Company 'B' not thru 'A'. The Old I140 has been withdrawn in Aug 14, 2007. I believe After August 14, 2007, no Labor substitution allowed, so my labor has not been used to anybody else. They just withdrawn the I140.
Thanks for your advise. Hiring an attorney would be time consuming process. Meanwhile, is there anyway that I can draft a letter and send to USCIS/TSC. I highly appreciate your help.
thanks.
|
to Olympian:
Per article, i can't use old I140 PD it has been withdrawn by Old employer. But my I485 is pending for more than 180 days during this period both Old and New I-140's are in active status. Is there any way that I can prove them. Thank you very much for the knolwdge transferr FUSCIS.
|
to gattur:
Hi Jusy31stRN, you have mentioned it's strong case provide I-140 from Company A was not substitute case. My questions is how it differs if guttur's (or somebody's) first labor is Pre PERM and labor substitute case as far as it is approved??
|
to GCReq:
If the LC is used by another person and succesfully got a GC through it, then no other person can use it anymore.
|
to July31stRN:
No My Labor has not been used to anybody else. Please help.
|
to gattur:
How can you use a substituted labor when the corresponding I-140 was revoked? Employer B should have requested USCIS to use Employer A's PD at the time of I-485 filing. Labor subs do not exist anymore.
|
to manwithnoname:
yes, we requested for PD Portability during I485 submission.
|
Hi Friends,
New I-140 (EB2) approved in 08/14/2006 with Company 'B'. During I-140 application we requested for PD Portability from Old I-140.
to gattur:
With company B's approved I-140 petition, did you see your old PD on it? If so you're assured that it got ported successfully. To my knowledge before you file I-485 with company B, your porting should be done. |
to gcneeded:
My attorney confirmed that she requested for PD Portability during I-140 and I-485 petition from Company B. But I am not sure if my new I-140 reflected Old PD. Do we have any work around.
|
to gattur:
You're in difficult position because your only option is to request USCIS but apparently, USCIS denied your portability request. I suggest you engage your congressman or the ombudsman. They'll be able to help.
|
My attorney confirmed that she requested for PD Portability during I-140 and I-485 petition from Company B. But I am not sure if my new I-140 reflected Old PD. Do we have any work around.
to gattur:
Don't you have a copy of approved company B I-140 petition? My previous colleague has retained old PD in his EB2 I-140 approval. |
to gcneeded:
I think it immaterial now even if he has a copy because USCIS sent him a letter saying they can't grant portability because I-140 was withdrawn. Apparently, USCIS is aware of the existence of the previously approved I-140 but won't grant portability.
|
to gattur:
Gattur,
I think we are confusing two things. "Porting" is within the context of an application to adjust status I485, and AC21 allows porting in certain circumstances, but equally as important it limits the rights of a former employer to withdraw the underlying I-140 (they can always withdrwaw it but with no effect to you if you keep a same or similar job).
The other concept is "retention of an old priority date". 8 CFR 204.5(e) basically says that you can retain an old priority date in subsequent applications "forever". HOWEVER, this happens only as long as the sponsporing employer does not withdraw the petition (before or after it was approved). Please look at 8 CFR 205.1(a)(iii)(C) which states that an application can be automatically revoked (among other reasons) "Upon written notice of withdrawal filed by the petitioner, in employment-based preference cases..."
Many people have been able to retain an old priority date when it happens in the context of portability of I-485. But it seems to be very clear that for the I-140, the withdrawal from the sponsor makes you lose that priotity date.
I am not an attorney, so please don't take my word on this. I am just giving you what the law says. Given the impcat, I would strongly suggest getting an attorney, who may have ways to get around this and save you a lot of time in line.
Good luck,
JC
|
to jc123:
Hi JC,
In that case, I can't do anything now. I lost the old PD since Old Employer withdrawn the case. But he is not the one who applied for my I-485.
Old I-140 thru Company 'A'
New I-140 and I-485 thru Company 'B'.
Old i-140 has been withdrawn after we requested for PD Portability. I-140 was in active status during our PD Portability request and 9 months after.
Can we send our original I-140 (Company 'B') that we filed for PD Portability to USCIS and ask them to consider it. When we requested both I-140's are in active status. Its USCIS/TSC failure to consider PD Portability request. Its not our fault. Can we fight based on this point?
Please advise.
Thanks,
Ramesh.
|
to gattur:
You can retain the earlier PD as long as the corresponding PD was active. Are you sure that employer B's (current employer) attorney requested priority date portability during I-140 / I-485 filing? That's where the answer lies.
|
to manwithnoname:
Yes, she requested during New I-140 (Company 'B') filing. However, we didn't see the old PD on our New I-140 approval notice. I have copy of it. Should I hire an highly reputated attorney or just my attorney is good enough to send a letter? I am planning to hire Sheela Murthy. Can I get the response in 1 week, if not Eff Jun 1st, the visa dates will be Jan 1, 2000.
Thanks for your advise.
Gattu
|
to gattur:
Gattur,
I honestly think you have a good shot. I know of a friend who had a similar situation and instead of an InfoPass, he directly contacted the local senator. Apparently, soon afterward, he heard from USCIS on the ported PD from his older EB3 app.
Good luck!
|
to lessrandom:
Thanks for the encouragement. Today my attorney drafted a letter and sent to USCIS.
|
Yes, she requested during New I-140 (Company 'B') filing. However, we didn't see the old PD on our New I-140 approval notice. I have copy of it. Should I hire an highly reputated attorney or just my attorney is good enough to send a letter? I am planning to hire Sheela Murthy. Can I get the response in 1 week, if not Eff Jun 1st, the visa dates will be Jan 1, 2000.
Thanks for your advise.
Gattu
to gattur:
I was asking this question before, you never replied straight. You should hire an attorney to show your case from here that you never had old PD PORTED on new I-140 approval. |
|
|
