你确定么?上面fragomen的原话是 An I-140 beneficiary whose petition is revoked will be able to use the priority date for a subsequent I-140 petition, unless the reason for revocation was fraud, material misrepresentation。 我的理解是批准180天内雇主如果withdraw的话移民局会revoke 140,但保留PD (除非 欺诈)。revoke 140主要影响是如果这时H1b马上到6年,不能用老140 extend H1b。但 如果远不到6年,180天内跳槽的时候H1b transfer就会直接renew 3年给你。
【在 g*******s 的大作中提到】 : : 你确定么?上面fragomen的原话是 : An I-140 beneficiary whose petition is revoked will be able to use the : priority date for a subsequent I-140 petition, unless the reason for : revocation was fraud, material misrepresentation。 : 我的理解是批准180天内雇主如果withdraw的话移民局会revoke 140,但保留PD (除非 : 欺诈)。revoke 140主要影响是如果这时H1b马上到6年,不能用老140 extend H1b。但 : 如果远不到6年,180天内跳槽的时候H1b transfer就会直接renew 3年给你。
In certain cases, the I-140 beneficiary couldn't port his/her earlier PD when the I-140 was withdrawn by the employer and then revoked by the USCIS. For example, https://www.theusimmigrationlawyer.com/alien-cannot-keep-priority-date-from- withdrawn-or-revoked-i-140-petition/ In short, USCIS 2017 rule allows the I-140 beneficiary keeping his/her PD after I-140 approved more than 180 days if the employer makes a withdrawal request. But within 180 days, USCIS can make the decision case by case.
【在 a****r 的大作中提到】 : In certain cases, the I-140 beneficiary couldn't port his/her earlier PD : when the I-140 was withdrawn by the employer and then revoked by the USCIS. : For example, : https://www.theusimmigrationlawyer.com/alien-cannot-keep-priority-date-from- : withdrawn-or-revoked-i-140-petition/ : In short, USCIS 2017 rule allows the I-140 beneficiary keeping his/her PD : after I-140 approved more than 180 days if the employer makes a withdrawal : request. But within 180 days, USCIS can make the decision case by case.
a*r
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The current law still allow DHS(USCIS) to revoke any petition and such revocation shall be effective as the date of approval of any such petition. §1155. Revocation of approval of petitions; effective date The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition. This is the basis why the immigration judge supported the USCIS's decision in the above case and it has not been changed since 2004.
【在 a****r 的大作中提到】 : The current law still allow DHS(USCIS) to revoke any petition and such : revocation shall be effective as the date of approval of any such petition. : §1155. Revocation of approval of petitions; effective date : The Secretary of Homeland Security may, at any time, for what he deems to be : good and sufficient cause, revoke the approval of any petition approved by : him under section 1154 of this title. Such revocation shall be effective as : of the date of approval of any such petition. : This is the basis why the immigration judge supported the USCIS's decision : in the above case and it has not been changed since 2004.