EB23版 - 急 485 file 180后跳槽老东家revoke 140 |
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r**e
发帖数: 287 | 1 485file180后跳槽是否原雇主即使revoke 140也无需担心了？假设跳相同相似职位并且
新东家给USCIS submit porting letter 解释.
谢谢。 | t*********l
发帖数: 778 | 2 If your 140 is revoked , then you don't have PD anymore.
But usually old company wont revoke 140 ,since revoking 140 means in the
process of getting 140 old company did something wrong.
Try to keep good relationship with your old company,and your old company's
lawyer too. | B*****g
发帖数: 34098 | 3 你确定吗？
【在 t*********l 的大作中提到】
: If your 140 is revoked , then you don't have PD anymore.
: But usually old company wont revoke 140 ,since revoking 140 means in the
: process of getting 140 old company did something wrong.
: Try to keep good relationship with your old company,and your old company's
: lawyer too.
| t*****t
发帖数: 13 | 4 不对。485大于180天是特殊情况。见link
[url]http://www.murthy.com/news/UDportme.html[/url]
New Job Must Be "Same or Similar"
The Memo states that if the I-140 petition has been approved and the I-485
applicant takes a new job in a "same or similar" position after the I-485
application has been pending 180 days or longer, then the underlying I-140
petition remains valid under AC21. In a footnote, BCIS mentions that the
underlying Labor Certification also remains valid if the same conditions are
satisfied.
If the I-485 has been pending fewer than 180 days, then the approved I-140
petition shall not remain valid and shall not entitle the foreign national
to work with a new employer or in a new job under AC21.
Revocation or Withdrawal of the I-140 Petition
The Memo provides that the approved I-140 petition remains valid even if the
original sponsoring employer requests its revocation, as long as the I-485
application has been pending at least 180 days at the time of the revocation
or withdrawal. Those who chose concurrent filing enjoy an advantage, as
they are accruing time toward the 180 days while the I-140 is pending, as
long as it is finally approved.
Evidence of New Job Must Be Submitted to BCIS
In cases where the I-140 is revoked, the Memo states that it is "expected"
that the foreign national will have submitted evidence of qualifying new
employment which is the "same or similar" to the position as with the
original sponsoring employer. If that evidence has been submitted, the
adjudicating officer may simply adjudicate the case as though the approved I
-140 petition had never been withdrawn.
If the I-485 applicant has not yet submitted evidence of a new job offer
when the I-140 petition is revoked or withdrawn, the adjudicating officer is
directed to issue a Notice of Intent to Deny (NOID). The disadvantages of a
NOID have been discussed under, "Analysis and Conclusion," below.
If the applicant responds to the NOID with proof of a new "same or similar"
job within the time allotted on the NOID, the case may be favorably
adjudicated, notwithstanding the revocation of the I-140 petition. If,
however, the applicant is unable to provide evidence of a qualifying new
AC21 employer showing that the new position is indeed a "same or similar"
job, the I-485 application may be immediately denied.
【在 t*********l 的大作中提到】
: If your 140 is revoked , then you don't have PD anymore.
: But usually old company wont revoke 140 ,since revoking 140 means in the
: process of getting 140 old company did something wrong.
: Try to keep good relationship with your old company,and your old company's
: lawyer too.
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