Form I-140

I-140 may get revoked. What happens to priority date?

14 years ago By Chief Editor

Question details

This is regarding my husband. My Husband's GC is filed through Employer A. His LC & 140 got approved. We did not file 485. He recently got a good job opportunity and transfered his visa to Employer B. We have priority date of Nov 2007 in EB2. But Employer A may revoke the 140 as my husband is no longer an employee of company A. We do have the copy of approved 140 with us. Employer B is wiling to start his GC process this year. Can we port the old 140's priority date even though the original 140 is revoked? Will it be lost if approved 140 is revoked?

The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date. Please review the latest information on this topic: Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012

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SCOPS Updates - 09/23/09

14 years ago By Chief Editor

Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.

TSC Updates – 09/21/09

14 years ago By Chief Editor

I-140 processing and adjudications - On an average TSC is completing around 9,600 I-140 adjudications per month. As of now the incoming I-140 volume is slightly less. As of reaching its goal TSC is close to becoming current on all I-140s which includes the ones filed during 2007 summer. About 5000 stand-alone I-140s are still awaiting adjudication the backlog.

Obtaining H-1 Extension beyond 6 years

15 years ago By Chief Editor

Question details

My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

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Special Mailing Addresses for Form I-907 (Request for Premium Processing Service)

15 years ago By Editor

Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice for the primary form.

When E-Filing Form I-907, Request for Premium Processing Service, by itself or concurrently with any other form, please send the associated Supporting Documentation to the appropriate address.

For address please check attachment:

RFE after the I-140 was approved

15 years ago By Chief Editor

Question details

1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?

2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?

1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.

2. My take is AC21 would be a better idea, although, not fool proof.

I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.

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Guestbook Entry for Kishore, United States

15 years ago By Anonymous (not verified)

Name

Kishore

Country

United States

State

Comment

I STARTED MY EB2 140 CASE WORK WITH RAJIV’S OFFICE AFTER WAITING FOR 2+ YEARS ON MY CURRENT PENDING EB3 140 FILED BY ANOTHER ATTORNEY.I GOT VERY GOOD CASE WORK AND DOCUMENTS REVIEWED BY RAJIV, SUMAN AND MATHEW CHACKO IN DETAIL AND SUGGESTED FOR PORTING AND INTERFILING MY 140’S WITH PENDING 485. MATHEW WAS VERY DETAILED ABOUT REVIEWING MY EXPERIENCE DOCUMENTS AND FINDING OUT THE CHANGES REQUIRED. I WAS ABLE TO GET THE CHANGES DONE AS RECOMMENDED QUICKLY. SUMAN WAS VERY QUICK IN ASSIGNING THE CASE TO ATTORNEY AND ALSO FOR ALL EMAILS FOR ANY CLARIFICATIONS NEEDED. EVEN THE ADMIN STAFF IS QUICK TO RESPONSE WITH SHIPMENTS OR ANY NOTICES. RAJIV WAS SO HELPFUL IN REVIEWING THE CASE IN DETAILS FOR HAVING THE CASE FILING DONE IN A STRATEGIC MANNER ESPECIALLY FOR INTERFILING THE MULTIPLE 140’S I HAVE GOT APPROVED AND PENDING SO FAR. FINALLY WE GOT THE APPROVAL IN LESS THAN 35 DAYS AND I AM REALLY REALLY THANKSFUL FOR RAJIV AND HIS STAFF, ESP. MATHEW CHACKO AND SUMAN FOR THEIR GREAT HELP AND CONCERN TOWARDS THE ATTENTION GIVE TO CLIENTS.I CERTAINLY REFER ANYONE OF MY FRIENDS OR KNOWN PEOPLE TO HAVE REPRESENTATION FROM RAJIV’S LAW OFFICE FOR THEIR GC PROCESS.

USCIS Announces to Resume Premium Processing Service for Form I-140

15 years ago By Editor

USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

TSC Update – 06/03/09

15 years ago By Chief Editor

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.

NSC Updates – 05/26/09

15 years ago By Chief Editor

I-140 backlog

USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.

I-485

USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.

Filing an appeal

Subscribe to Form I-140