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Priority date loss upon revocation of I-140
1) Is there any difference between I-140 revoked by employer - vs - I-140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ?<br>
2) Changing from Employer A to Employer B - If Employer B files the PERM before I-140 by employer A is revoked by the employer A - would that help retain the PD corresponding I-140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I-140 approval ?
As far as we know, USCIS has once again revered its position and has stated that priority dates will be retained if the revocation is based upon an employer's request. See: the blog entry here
Physician filing green card
1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer.
For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct?<br>
2. In your experience, is 1 year enough time to complete the EB-2 process?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Rajiv and team was an excellent support and a great help for one of GC case.
Case: The applicant is working with company A and have I-140 under EB3. Applicant want to move to other company and want to port the priority date under EB2. Solution: Rajiv and team (Art) have created a customized plan to achieve this success. Rajiv was personally involved to make sure all the paper works are correct. Based on his 25 years experience and a novel team he could able to successfully port the new I-140 under EB2 with older priority date. Not only that, he also filed the I-485 along with new I-140. His fee for the whole process was very competitive. More over that, he and his team support in through out the process was unparalleled. He and his team was always answered the question asked without any delay. This is great service providing by your firm and making sure every case is managed under the immigration law of this country and open the path for more legal immigration like this applicant. Thanks!