matter in 2 lines pls....

[Leonardo_Di_Carpio]

17 Oct 2016
Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer – or even just to a new position within the same company – can be absolutely nerve wracking. Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to those with an approved I-140.

Background on the I-140 Petition
The I-140 petition is the second major stage in a 3-step process for an employee / beneficiary to obtain a green card through a PERM labor certification case. The first stage is the PERM approval by the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. The second stage is the I-140 petition filing, when the employer has to show that they have the financial ability to pay the required salary for the position and that the employee meets all of the education and work experience requirements for the position. The final stage is the adjustment of status application (form I-485) for those in the United States, or consular processing for those residing abroad.

Can the Petitioner Revoke My Approved I-140?
Ordinarily, the petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. Under the current rules, as soon as the notice reaches the USCIS, the I-140 is automatically considered revoked as a matter of law. There is a proposed rule that would change this and allow for the continued validity of the I-140 petition if it was approved at least 180 days before the petitioner sent a withdrawal notice. But, for the time being, that is merely a proposal.

Can I Transfer the I-140 to a New Employer?
An approved I-140 is usually employer and job specific. The I-140 typically can only be used to apply for lawful permanent residency (i.e. a “green card”) with the petitioning employer. In fact, the I-140 generally cannot even be used for a new position with the same company that filed the I-140.

One major exception to this general rule is that the I-140 can be used by a new employer if that company is a successor in interest to the petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions.

Similarly, no new I-140 is needed if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 ‘Same or Similar’ Job Requirement (07.Apr.2016).

Can I Use the I-140 from My Current Employer to File an H1B Change of Employer and Extension Through a New Employer?
As long as an approved I-140 remains valid, it may be used by any employer as a basis to request an extension of H1B status beyond the standard 6-year maximum. But, the I-140 must remain valid until the H1B is approved. Once an I-140 is withdrawn by the petitioner, it may no longer be used to request an H1B extension of status. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period.

Can I Use the Priority Date from My I-140 After it is Revoked?
Generally, once an I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. This applies even if the petitioning employer withdraws the approved I-140. If, however, the I-140 is revoked by the USCIS due to fraud, misrepresentation, or because the USCIS determines that the I-140 was approved in error, a priority date retention request will not typically be honored.

Conclusion
The rules regarding how a job change may impact one’s ability to use an approved I-140 can be confusing, but this is an issue of significant importance to foreign national workers. Being familiar with these general rules should help in making informed decisions when deciding on a possible move to a new employer.

source:- https://www.murthy.com/2016/10/17/job-changes-may-impact-approved-140/

[Leonardo_Di_Carpio]

anybody....post the above matter in 2 lines pls....

[Bhai]

8 minutes ago, Leonardo_Di_Carpio said:

anybody....post the above matter in 2 lines pls....

@NaakemTelvad

[Anta Assamey]

[micxas]

31 minutes ago, Leonardo_Di_Carpio said:

17 Oct 2016
Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer – or even just to a new position within the same company – can be absolutely nerve wracking. Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to those with an approved I-140.

Background on the I-140 Petition
The I-140 petition is the second major stage in a 3-step process for an employee / beneficiary to obtain a green card through a PERM labor certification case. The first stage is the PERM approval by the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. The second stage is the I-140 petition filing, when the employer has to show that they have the financial ability to pay the required salary for the position and that the employee meets all of the education and work experience requirements for the position. The final stage is the adjustment of status application (form I-485) for those in the United States, or consular processing for those residing abroad.

Can the Petitioner Revoke My Approved I-140?
Ordinarily, the petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. Under the current rules, as soon as the notice reaches the USCIS, the I-140 is automatically considered revoked as a matter of law. There is a proposed rule that would change this and allow for the continued validity of the I-140 petition if it was approved at least 180 days before the petitioner sent a withdrawal notice. But, for the time being, that is merely a proposal.

Can I Transfer the I-140 to a New Employer?
An approved I-140 is usually employer and job specific. The I-140 typically can only be used to apply for lawful permanent residency (i.e. a “green card”) with the petitioning employer. In fact, the I-140 generally cannot even be used for a new position with the same company that filed the I-140.

One major exception to this general rule is that the I-140 can be used by a new employer if that company is a successor in interest to the petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions.

Similarly, no new I-140 is needed if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 ‘Same or Similar’ Job Requirement (07.Apr.2016).

Can I Use the I-140 from My Current Employer to File an H1B Change of Employer and Extension Through a New Employer?
As long as an approved I-140 remains valid, it may be used by any employer as a basis to request an extension of H1B status beyond the standard 6-year maximum. But, the I-140 must remain valid until the H1B is approved. Once an I-140 is withdrawn by the petitioner, it may no longer be used to request an H1B extension of status. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period.

Can I Use the Priority Date from My I-140 After it is Revoked?
Generally, once an I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. This applies even if the petitioning employer withdraws the approved I-140. If, however, the I-140 is revoked by the USCIS due to fraud, misrepresentation, or because the USCIS determines that the I-140 was approved in error, a priority date retention request will not typically be honored.

Conclusion
The rules regarding how a job change may impact one’s ability to use an approved I-140 can be confusing, but this is an issue of significant importance to foreign national workers. Being familiar with these general rules should help in making informed decisions when deciding on a possible move to a new employer.

source:- https://www.murthy.com/2016/10/17/job-changes-may-impact-approved-140/

Anta Assamey

 

 

[micxas]

33 minutes ago, Leonardo_Di_Carpio said:

17 Oct 2016
Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer – or even just to a new position within the same company – can be absolutely nerve wracking. Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to those with an approved I-140.

Background on the I-140 Petition
The I-140 petition is the second major stage in a 3-step process for an employee / beneficiary to obtain a green card through a PERM labor certification case. The first stage is the PERM approval by the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. The second stage is the I-140 petition filing, when the employer has to show that they have the financial ability to pay the required salary for the position and that the employee meets all of the education and work experience requirements for the position. The final stage is the adjustment of status application (form I-485) for those in the United States, or consular processing for those residing abroad.

Can the Petitioner Revoke My Approved I-140?
Ordinarily, the petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. Under the current rules, as soon as the notice reaches the USCIS, the I-140 is automatically considered revoked as a matter of law. There is a proposed rule that would change this and allow for the continued validity of the I-140 petition if it was approved at least 180 days before the petitioner sent a withdrawal notice. But, for the time being, that is merely a proposal.

Can I Transfer the I-140 to a New Employer?
An approved I-140 is usually employer and job specific. The I-140 typically can only be used to apply for lawful permanent residency (i.e. a “green card”) with the petitioning employer. In fact, the I-140 generally cannot even be used for a new position with the same company that filed the I-140.

One major exception to this general rule is that the I-140 can be used by a new employer if that company is a successor in interest to the petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions.

Similarly, no new I-140 is needed if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 ‘Same or Similar’ Job Requirement (07.Apr.2016).

Can I Use the I-140 from My Current Employer to File an H1B Change of Employer and Extension Through a New Employer?
As long as an approved I-140 remains valid, it may be used by any employer as a basis to request an extension of H1B status beyond the standard 6-year maximum. But, the I-140 must remain valid until the H1B is approved. Once an I-140 is withdrawn by the petitioner, it may no longer be used to request an H1B extension of status. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period.

Can I Use the Priority Date from My I-140 After it is Revoked?
Generally, once an I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. This applies even if the petitioning employer withdraws the approved I-140. If, however, the I-140 is revoked by the USCIS due to fraud, misrepresentation, or because the USCIS determines that the I-140 was approved in error, a priority date retention request will not typically be honored.

Conclusion
The rules regarding how a job change may impact one’s ability to use an approved I-140 can be confusing, but this is an issue of significant importance to foreign national workers. Being familiar with these general rules should help in making informed decisions when deciding on a possible move to a new employer.

source:- https://www.murthy.com/2016/10/17/job-changes-may-impact-approved-140/

interesting 

[LivingLegend]

Employer nee I140 eppudaina revoke cheyochu anta, 6 months rule anedi proposal stage lone undi anta, but Okasari I140 approve Ayite Nee employer revoke chesina you can retain PD anta. Last lo job change with approved I140 is still confusing antunadu 

[micxas]

Just now, LivingLegend said:

Employer nee I140 eppudaina revoke cheyochu anta, 6 months rule anedi proposal stage lone undi anta, but Okasari I140 approve Ayite Nee employer revoke chesina you can retain PD anta. Last lo job change with approved I140 is still confusing antunadu 

Yeah, PD attain chesukovalante I-140 shouldn't be withdrawn under fraudulent circumstances antunnadu..  

[Bhai]

38 minutes ago, micxas said:

Anta Assamey

 

 

 

36 minutes ago, micxas said:

interesting 

Bro nuvvu spamming tho ts manobhavalanu debba teestunnavu 

 

[Bhai]

Bro... @Leonardo_Di_Carpio  Nee kosam

 

Matter 

 

[Repu]

34 minutes ago, LivingLegend said:

Employer nee I140 eppudaina revoke cheyochu anta, 6 months rule anedi proposal stage lone undi anta, but Okasari I140 approve Ayite Nee employer revoke chesina you can retain PD anta. Last lo job change with approved I140 is still confusing antunadu 

6 months rule doesnt exist at all. even if u r employer withdraws i140, u can still retain priority date

[Repu]

39 minutes ago, micxas said:

Anta Assamey

 

 

[Leonardo_Di_Carpio]

8 hours ago, LivingLegend said:

Employer nee I140 eppudaina revoke cheyochu anta, 6 months rule anedi proposal stage lone undi anta, but Okasari I140 approve Ayite Nee employer revoke chesina you can retain PD anta. Last lo job change with approved I140 is still confusing antunadu 

Ok thanks.. 

[Leonardo_Di_Carpio]

7 hours ago, Bhai said:

Bro... @Leonardo_Di_Carpio  Nee kosam

 

Matter 

 

Naku 2 lines kaadu... chala lines kanispitunai...ee pic lo..