Get the latest news and updates about Chugh LLP. Skip to content. Form I Approval and Withdrawal. June 20, Practice Areas. By: Anil Malik Form I approval is an important step in the employment-based green card journey. Related COntent. October 29, Share on facebook. USCIS denies the petition, stating that it did not contain evidence of your the beneficiary's credentials. If your employer decides to reapply, it should be sure to include a copy of your master's degree the next time around.
Submitting new evidence isn't enough by itself: The petitioner will have to resubmit ALL of the previously submitted evidence as well and pay the USCIS filing fee again. Be sure to communicate with your employer in order to make sure that all of the required information is present in the second filing. One way to do this is to compare the denied petition to the new petition before the filing. Make sure that all materials are up to date, corrected if there was a mistake previously such as a misspelling or other clerical error , and organized, to make it easy for the USCIS officer to review the petition.
Here are some areas to pay particular attention to when filling out Form I a second time: If the I petition is based upon an approved PERM, then in Part 4 of the I form you will need to carefully answer questions 9 and 10, which address whether the filing includes an original approved PERM.
Additionally, you will have to answer YES to question 8, which asks, "Has any immigrant visa petition ever been filed by or on behalf of this person? USCIS will enclose information about the appeal process with the denial notification. If you choose to appeal the denial, you must complete and file Form IB. You must file the IB within 30 calendar days which include weekends from the date you received the denial 33 days if the decision arrived by mail.
To embed, copy and paste the code into your website or blog:. Send Print Report. Michelle Micetic. Thomas Oja. Published In: Appeals. Foreign Nationals. Form I Petitions. Therefore, the petition must be approved prior to a favorable determination regarding a portability request made under INA j. How does USCIS determine if an I was valid when processing unapproved I petitions that were concurrently filed with I applications in the portability context?
If evidence is submitted to USCIS that an alien seeks to adjust on the basis of a new job offer under INA j , then, the adjudicator will first determine if the alien is the beneficiary of an approved I petition. If he or she is not, the adjudicator will proceed to determine whether the unapproved, pending I was approvable when filed this may involve issuance of an RFE if the I cannot be approved without further evidence of its merits. Then, only if the I can be approved, the adjudicator will adjudicate the adjustment of status application and also determine if the new position is the same or similar for I portability purposes.
Can a successor employer use a predecessor employer's approved labor certification to file an I petition on behalf of the alien beneficiary named on the labor certification?
But he successor employer must establish a successor-in-interest SII relationship with the predecessor employer. How can a successor employer establish a successor-in-interest SII relationship with a predecessor employer in order to use that employer's approved labor certification when filing an I petition on behalf of the alien beneficiary named on the labor certification? In the case of changing employers, may an alien beneficiary retain the priority date established in a previously approved Form I petition?
Generally, the alien beneficiary may retain the priority date of the predecessor's approved Form I petition, if any. Generally, an alien beneficiary may also retain the priority date established by an approved E12 Outstanding Professor or Researcher petitions or E13 Multinational Executive or Manager petition for subsequent petitions filed in his or her behalf by a new employer in the E12 or E13 categories.
Is the SII analysis adversely impacted if the job title for the position with the successor company differs from the job title noted in the predecessor company's labor certification? When determining whether the job opportunity is the same as the job opportunity originally offered on the labor certification, adjudicators will examine the job duties of the position to determine if the job is still the same.
Changes in job title, and other ancillary changes such as a change in computer software used in the job are not in and of themselves disallowed. Further, changes in the wage offered due to wage increases that have occurred over the passage of time do not impact the determination as to whether the job is the same. Sometimes the USCIS is not convinced that the alien petitioning category has met the burden to prove that an applicant qualifies for the category.
An applicant should take great care to present a strong case, so that it may be approved without a request for additional evidence. In addition, the I may be filed while the I is pending if a visa number later becomes available.
If I file I concurrently with I, will both petitions be adjudicated simultaneously? What if my visa is not current? The USCIS has stated that adjudication of a concurrently-filed Form I is not dependent on the adjudicative readiness of the Form I The guidelines allow the USCIS to adjudicate and approve the visa petitions separately in cases in which a visa becomes unavailable after the concurrent filing.
In these cases, the I visa petition will be approved and the I will be held in abeyance until such time as a visa number becomes available. In the case of I and Concurrent Filing, applicants will be eligible to apply for interim benefits such as employment authorization and advance parole while the I application is held in abeyance.
What are the primary advantages of concurrent filing? File I earlier : You, your spouse, and your unmarried children under 21 can file your I applications i. Normally, the employer files the I, but you can self-file your I under certain categories, such as Aliens of Extraordinary Ability and National Interest Waiver.
Also, the concurrent filing rule allows you, your spouse, and children to file your Is while a previously filed I is still pending. The availability of an EAD is a major benefit for spouses who could not otherwise work legally i. Advance Parole can be a major benefit for those who could not otherwise travel e. Might be able to leave job earlier : Having an EAD for the principal beneficiary does not necessarily mean you can leave your current job, but in conjunction with the portability provision, the beneficiary of a pending I can leave his or her current employer and take a new job in a same or similar occupational classification after the I has been pending for at least days.
Please note, however, that many issues related to portability remain unresolved, so you should be very careful before you leave your current position. If you leave too early, your and your family members' I and everything else may end up being denied. On the other hand, in some special cases e.
Job-changing issues are complicated, however, so it is critical to get good legal advice before leaving your job any time before you get your green card.
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