Form I-140 | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Got a denied I-140? Maybe it can be reversed.

Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Second Circuit vacated the judgment of the district court and remanded, holding that USCIS is required by the INA’s portability provisions to give pre-revocation notice to the beneficiary or to the successor employer that it is revoking an I-140 petition filed by a previous employer.

Filed under: Form I-140, Immigration Attorney | Tagged: employer based petition, I-140, i140, portability, revocation of i-140 | 4 Comments »

I-140 petition

Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

I-140 not valid

Employer petition

I-140 form

Immigration judicial review of denied I-129 and I-140

Filed under: Form I-140 | Tagged: employer based petition, Form I-140, Form I-140 - Immigrant Petition for Alien Worker, Forrm I-140, I-140, i140, portability, revocation of i-140 | 4 Comments »

Portability Provisions cannot be used if original I-140 not valid

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not valid to begin with, as USCIS found numerous deficiencies in the petition submitted by the original employer. The court thus found that the plaintiff was not statutorily eligible to adjust status.

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https://californiaimmigration.us/uscis-memo-amends-adjudicator%e2%80%99s-field-manual-on-general-form-i-140-issues/

Filed under: Form I-140, Immigration Attorney | Tagged: I-140, i140, portability provisions | Leave a comment »

New Filing Location for Form I-140

Posted on August 5, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS announcement on revised filing instructions for petitioners filing an Immigrant Petition for Alien Worker (Form I-140). The new form, dated 6/14/10, reflects an effort to transition the filing of benefit forms from USCIS Service Centers to USCIS Lockbox facilities.