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27 Jan 2016 Priority Date Retention & I-140 Revocation Protections: Proposed Regulation

Posted at 08:18hin AOS/CP, H-4 Dependents, H1B, Homeland Security, Immigrant Petition (I-140), NewsBrief

As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) –...

28 May 2015 BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation

Posted at 07:19hin AOS/CP, EB2 PERM Labor, EB3 PERM Labor, For Employers, Immigrant Petition (I-140), NewsBrief, PERM Labor, Resident

Many immigration strategies in employment-based cases rely upon the ability to retain the priority date between permanent resident (or, “green card”) case filings for the same individual. It is widely used in what is commonly known as upgrading between categories, as well as during changes...

11 May 2012 EB2 “Upgrades” – Priority Date Retention and Online Degrees

Posted at 15:01hin AOS/CP, EB2 PERM Labor, EB3 PERM Labor, Options, Visa Bulletin

With the ongoing backlog in the employment-based, third preference (EB3) category, many people look forward to using the strategy commonly referred to as an EB3-to-EB2 “upgrade.” The U.S. Citizenship and Immigration Services (USCIS) recently confirmed a long-term favorable policy, which facilitates this strategy. It was...

07 Dec 2023 My I-140 was approved a couple of years ago, but I was just laid off. Do I need my original I-140 approval notice to be able to use that priority date for a future green card case?

Posted at 09:12hin Employment Based, FAQs, For Individuals, Resident

Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies...

14 Nov 2023 Litigation Success: PD Retention

Posted at 08:31hin HQ

Ever lose a Priority Date when USCIS revoked a prior I-140 petition? Murthy Law Firm successfully challenged PD loss when I-140 revoked because of USCIS policy change. Listen to our Oct.2023 podcast for more information.

01 Oct 2020 I have an approved I-140 for a position as an engineer. I am now being sponsored by a different company for a managerial position. Will this cause me to lose the priority date from my old I-140?

Posted at 16:30hin Employment Based, FAQs, For Individuals, Resident, Worker

Answer Retention of the priority date has nothing to do with the nature of the job. In general, one may retain the earliest priority date on any approved I-140, regardless of whether the job is similar or not. (31.Jul.2017) In frequent sessions of our Chat,...

01 Aug 2016 Can I use the priority date from my revoked I-140 for a new GC case?

Posted at 12:51hin Employment Based, FAQs, Resident

Answer It is generally possible to request retention of a priority date from a previously approved I-140. This request is made when the next I-140 is filed. This can be done even if the I-140 was revoked upon the employer’s request. (01.Aug.2016) In frequent sessions...

02 May 2016 I have an approved I-140. If I get a job in a different field, can I still retain my priority date?

Posted at 14:02hin Employment Based, FAQs, Resident

Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016) In frequent sessions of our Chat, Sheela Murthy and...

29 Feb 2016 Do I need my original I-140 approval notice to use that priority date for a GC case filed by a different employer?

Posted at 08:53hin Employment Based, FAQs, Resident, Worker

Answer No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case – they are the ones...

12 Oct 2015 I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

Posted at 16:09hin Employment Based, FAQs, Resident

Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer...

Murthy Law Firm

27 Jan 2016 Priority Date Retention & I-140 Revocation Protections: Proposed Regulation

28 May 2015 BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation

11 May 2012 EB2 “Upgrades” – Priority Date Retention and Online Degrees

07 Dec 2023 My I-140 was approved a couple of years ago, but I was just laid off. Do I need my original I-140 approval notice to be able to use that priority date for a future green card case?

14 Nov 2023 Litigation Success: PD Retention

01 Oct 2020 I have an approved I-140 for a position as an engineer. I am now being sponsored by a different company for a managerial position. Will this cause me to lose the priority date from my old I-140?

01 Aug 2016 Can I use the priority date from my revoked I-140 for a new GC case?

02 May 2016 I have an approved I-140. If I get a job in a different field, can I still retain my priority date?

29 Feb 2016 Do I need my original I-140 approval notice to use that priority date for a GC case filed by a different employer?

12 Oct 2015 I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

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