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This answer does not constitute Attorney-client relationship. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification... This means that the entity must be multi-national and have a qualifying relationship with the foreign entity which employed the beneficiary abroad.

When this occurs, the priority date can usually be retained by the beneficiary for any subsequent employment-based green card case. At a minimum, it is helpful to complete: 1. Revoked Petitions The revocation of an I-140 petition is fatal in the section 204 j portability context.



What if Employer One revokes the earlier filed I-140 petition? May the worker still use its priority date? To be clear, the revocation we're talking about is when an employer requests that USCIS revoke an approved I-140 petition because the employee no longer works there. Revocations for fraud and misrepresentation have always rendered an I-140 petition useless for priority date retention. Most foreign workers seeking US permanent residence based on employment follow a three step process: 1 labor certification, 2 I-140 petition for an immigrant worker, 3 adjustment of status. Immigration law sets two overlapping quotas on most employment-based permanent immigration: preference category quotas and per country quotas. Only a fixed number of foreign workers from each country and preference category can become US permanent residents in one year. Probably the only readers who made it this far are ones born in India or China. Indian-born applicants face an 11. Chinese-born applicants face respectively 3. These backlogs can be career-defining restrictions forcing a choice between a job opportunity and delaying US residence for years. Often, by quitting the I-140 employer for a better job, an employee risks losing the opportunity to gain US residence at all and may have to leave the US for years. For this discussion, the two relevant preference categories are two and three. There are other preference categories, but acknowledging them here will only confuse things. The third preference category is for most jobs requiring less education or experience than the second preference category. Generally, USCIS and the US State Department allow a worker to use his I-140 priority date for another, later filed I-140 petition. Sometimes a worker will quit, get laid off or fired and find another employer that files a new labor certification and I-140 petition for him. There are two types of federal law: the law Congress makes and the regulations that federal agencies make to implement it. Generally, regulations are more voluminous and specific than the laws they implement. Ever since 1984 when the Supreme Court decided in Chevron v. NRDC that agencies had a lot more leeway to make regulations than anyone had earlier suspected, federal agencies, as they say, took that ball and ran with it. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification... This wasn't likely always the case and I intend to look back through previous editions of the Adjudicator's Field Manual to see if this provision changed at one time. USCIS told the American Immigration Lawyers Association a different story during an AILA Liaison Meeting with the USCIS California Service Center in 1999: Question: Under 8 CFR § 204. Are there any restrictions regarding use of a priority date from one category to another? For example, if a third-preference immigrant visa petition is approved, can the priority date be used for a later-filed first-preference immigrant visa petition? Answer: There is no restriction on the use of a priority date from a third preference immigrant visa petition to a first preference immigrant visa petition. The use of a priority date from a first, second, or third preference category may be used on subsequent filings regardless of first, second, or third preference provided the original petition was not denied or revoked. In addition, retention of old third and sixth preference petition petition filed before October 1, 1991 priority dates may only be allowed if the beneficiary applies for an adjustment of status or immigrant visa within two years of the date of visa availability. CSC-AILA Liaison Meeting February 25, 1999 at the California Service Center Minutes prepared by the CSC-AILA Liaison Committee, Cynthia J. Lange, Chair Co-Chairs: Angeli K. Cheng, Nancy-Jo Merritt, Ruth K. Oh, and Bernard P. But a more natural meaning of good and sufficient cause is any good reason including that the employer that filed the petition sent a letter asking USCIS to revoke it. The Code of Federal Regulations at 8 CFR 205 and 205. One way to fix this is for Department of Homeland Security to change 8 CFR 204. That change is minor and DHS can accomplish it with a notice of rule making and without Congress trying to reach an agreement about it. But Chevron provides such broad latitude to agencies that no one may ever successfully challenge the regulations. In Estrellado, Grace Estrellado was going to be deported unless she had an immigrant visa with a current priority date. She had an employment-based petition with a priority date that was not current and also an earlier employment-based petition that her previous employer revoked, but which if valid, had a current priority date. The court then sent the case back to the trial court to decide a completely different issue: whether Ms. Since the Estrellado decision, nothing much has changed and it's unclear if it will any time soon. While Estrellado doesn't bind USCIS to do anything, the optics of prominent conflicting interpretations are not good for example the Board of Immigration Appeals contradicting the Adjudicator's Field Manual. There were reports earlier this year that USCIS was denying some adjustment applications seeking priority date retention from revoked I-140 petitions. Unfortunately, USCIS sometimes implements policy changes unevenly and without much notice, announcing after months of inconsistent and shifting decisions that it is going to do things much differently than it had only months earlier. This may or may not be one of those times. But a careful review of the law and regulations suggests that this practice rests on a shaky foundation. Perhaps many things do.

This is typical of the many AC21 cases filed on behalf of our clients, and the USCIS routinely recognizes the Murthy Law Firm as the new attorney of record and contacts us for any u communication on the case. As we noted in the new regulations, the I-140 petition must have been approvable when filed and for 180 days while the adjustment application remained unadjudicated in order for the alien to adjust status. However, if the petitioner requests to withdraw a Form I-140 that has already been u for at least 180 days or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form. We presented this to the USCIS in a written solo memorandum, presenting information to help the client. It also examines special cases for porting to self-employment and portability for multinational managers and executives. E12, Outstanding Professor or Researcher No.