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View Full Version : Porting Prio Date if I140 gets rejected


mn_finch
05-03-2011, 02:27 PM
Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.

snathan
05-03-2011, 02:33 PM
Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.

If the I-140 is not approved, you can not retain the PD.

getgreensoon1
05-04-2011, 01:26 PM
Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.



Your case also looks to be a combination of shady desi consultant and EB2 porting fraud. Priority date is attached to the i140 not the labor, even though the day labor is applied is considered pd. The labor does not even have the name of the candidate. I140 is the document that states that the candidate has the credentials to take the labor certified job. in your case, the I140 itself is rejected, so the labor certified job was not assigned to a candiate. Now you are saying they should allow you to retain the priority date that was never yours ?

number30
05-04-2011, 01:48 PM
Your case also looks to be a combination of shady desi consultant and EB2 porting fraud. Priority date is attached to the i140 not the labor, even though the day labor is applied is considered pd. The labor does not even have the name of the candidate. I140 is the document that states that the candidate has the credentials to take the labor certified job. in your case, the I140 itself is rejected, so the labor certified job was not assigned to a candiate. Now you are saying they should allow you to retain the priority date that was never yours ?

Why it has to be a fraud? Just do not jump to conclusion. He is asking if that is possible. say it is not possible.

mn_finch
05-04-2011, 01:57 PM
This helps - thank you all.