This memorandum provides important clarification and supplement that affects the guidance for procedure, eligibility, and adjudication of I-140 petitions as affected by recent changes in DOL Permanent Labor Certification system and Fraud Prevention Rule, one-year or three-year H-1B Extension Eligibility Standards as affected by the DOL rule on expiration of the labor certification application or revocation, Concurrent H-1B Non-Cap Exempt Petition for the Cap-Exempt H-1B Aliens, and I-140 Portability which is often called Change of Employment After 180 Days of Filing of I-485 Application.
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