Form I-140

Once you go ahead and have the sponsor...

The petitioner and the attorney will request a new priority date being recaptured or a new I-140 being filed.

They'll cite the earlier one as proof that it was refiled.

They'll go ahead and secure your new date, and that will go ahead and preserve that.

So, as I said, it really was fast.

So, I really got out of retrogression, then I got deployed.

A lot of time before I get recaptured, it took me maybe a month to find a new employer, and maybe two months later, to get recaptured and I got my I-140 again with all the priority dates.

And I think after I got recaptured, maybe a couple months and I got the interview.

And if they identify something later that should have maybe caused an audit and they didn't, that's what we've seen it before, right? We've seen cases where Somebody's come to us, and they get it, and they get it.

The I-140 stage, and nobody marked that they had a familial relationship, so they moved to revoke the perm.

So that's kind of... where that goes.

Yeah, and I think the important thing to be aware of with that is just because you got an approval does not mean your case is now untouchable.

They can always go back and revoke a perm.

They can go back, revoke an I-140 that's been approved, and then invalidate the underlying perm.

We've seen that happen sometimes as well.

So, Emily, level four is a fraud referral, and I think that's kind of where we're potentially add here because this would be done through the OIG.

And one of the reasons why individuals did that is so they could obtain work authorization through what's called first day CPT programs that allowed you to work part-time, sometimes full-time, while you were going to school full-time, typically in grad school programs.

And nurses in the U.S. use those frequently in order to kind of bridge the gap from how long it was taken for an I-140 to be filed and retrogression and how long it was taken in the queue for you to become current under the EB-3 charts to file your 45 and get an EAD.

So very common program and opportunity.

That's kind of going to go away.

You're likely going to have to premium that filing, which is about a $2,000 filing fee in and of itself.

So it's quite a bit of money involved.

And you have to take a chance on whether it's going to get approved or not, because you in most situations already filed an I-140, which counters the fact that you're going to stay in school.

And there's some legal arguments that we can make along those lines.