Posted on May 9, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 »
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.
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 »
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.
https://cbocalbos.wordpress.com/tag/i140/
https://cbocalbos.wordpress.com/tag/i-140/
https://cbocalbos.wordpress.com/tag/form-i-140/
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 »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”
Filed under: Immigration Attorney | Tagged: employment based immigration, experience, I-140, i140, Labor Certification, PERM | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 