PDA

View Full Version : Changing after 140 before 485


thomachan72
10-19-2010, 10:35 AM
Has anybody done that?
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.

sbmallik
10-19-2010, 11:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.

rajenk
10-19-2010, 12:21 PM
OP,

Check my reply in the following thread for your question 4.

http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

The sections I referred in the Adjudicator's Field manual means

USCIS revocation for Fraud or misrepresentation in the application.

AllIzzWell
10-19-2010, 01:15 PM
Hi Rajenk:

I have gone through the link that you have posted here. Thank you so much. It is very informative.

The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

Thanks

thomachan72
10-19-2010, 01:27 PM
Very informative replies. Thanks!!

thomachan72
10-19-2010, 01:30 PM
Hi Rajenk:

I have gone through the link that you have posted here. Thank you so much. It is very informative.

The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

Thanks
Hi you might also need the copy of the labor? or atleast the number for that one?

the_jaguar
10-19-2010, 10:16 PM
Hi Rajenk:

I have gone through the link that you have posted here. Thank you so much. It is very informative.

The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

Thanks

You can file a FOIA request to get a copy of your approved I-140. There are other folks in this forum who have done that successfully.

the_jaguar
10-19-2010, 10:16 PM
Hi you might also need the copy of the labor? or atleast the number for that one?

Nope, not needed. You only need a copy of your approved I-140.

rajenk
10-20-2010, 01:08 AM
AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker

whattodo21
10-25-2010, 10:22 AM
how do you get a copy of the approved i-140 if the employer is not willing to give it?

indigo10
10-25-2010, 03:32 PM
how do you get a copy of the approved i-140 if the employer is not willing to give it?

There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).


However, You can file a request using FOIA. Check the following threads.

http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html

keerthisagar
10-28-2010, 11:02 AM
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).


However, You can file a request using FOIA. Check the following threads.

http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html

Thanks indigo10, this is helpful.