Can a beneficiary retain the I-140 priority date?
The proposed regulation clarifies that the beneficiary of an approved I-140 petition would be able to retain the priority date unless the I-140 is revoked due to error, fraud, or misrepresentation, or upon revocation or invalidation of the corresponding labor certification.
What happens if I file a Form I-140 petition?
As the beneficiary of an I-140 petition, you may request to change jobs or employers under INA 204 (j), which is commonly known as “porting,” if you: Are the beneficiary of a pending or approved Form I-140; If your Form I-140 is pending, it must have been valid when filed.
Are there any protections for I-140 revocations?
Among them are provisions that address issues related to priority date retention and I-140 revocations.
When to use I-140 and labor certification portability?
The law allows a worker with an approved labor certification and I-140 petition to continue to use the labor certification where the employee moves to a new employer that is a “successor” to the old company that filed the labor certification.
The proposed regulation clarifies that the beneficiary of an approved I-140 petition would be able to retain the priority date unless the I-140 is revoked due to error, fraud, or misrepresentation, or upon revocation or invalidation of the corresponding labor certification.
As the beneficiary of an I-140 petition, you may request to change jobs or employers under INA 204 (j), which is commonly known as “porting,” if you: Are the beneficiary of a pending or approved Form I-140; If your Form I-140 is pending, it must have been valid when filed.
Can a H-4 spouse be a beneficiary of I-140?
According to the latest Murthy NewsFlash, only those H-4 spouses would be eligible where the H1B worker and H-4 spouse are the beneficiaries of an approved I-140 immigrant petition; or, if they have been granted an extension of stay based upon the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (i.e.
Can a spouse be a beneficiary of an i140 EAD?
So nikhilsharma30 you don’t have to include your spouse on the I140 as long your I140 is approved your spouse will be eligible for an EAD. Hope this rule becomes a reality soon! Please ignore my earlier comments on the post as I misinterpretted Murthy’s summary of the rule, my apologies!