View Full Version : Priority Date Transfer Question
My Employer filed labor EB3 In 17th January 2005
Then Same Employer filed another labor EB2 in 11th July 2006 (PERM)
EB2 labor was approved in July 2006 itself and then filed I-140 for that EB2 labor was approved in August 2006 and then they filed 485 for that on 15th July 2007. (i.e. PD Date 11th July 2006 )
In the mean time they got my first labor EB3 (PD Date 17th January 2005) approved and they filed I-140 that was approved for that on June 2007.
Now my lawyer told that they filed an application to change the PD Date on I-485 filed from 11th July 2006 to 17th January 2005.
Any body has an experince like that , If yes then ?
how long does it take to do that
How I will know that Priority Date has been ported
I had the same case , the only differene was that i had both the I140 available before every thing became current in July so i could file my I485 under EB2 with a request to use my earlier (EB3) PD .
However since i filed I485 on July 30th , i am yet to get my reciepts etc.
Your lawer is doing the right thing . Good luck! 1.5 years difference is worth trying!!!
My Employer filed labor EB3 In 17th January 2005
Then Same Employer filed another labor EB2 in 11th July 2006 (PERM)
EB2 labor was approved in July 2006 itself and then filed I-140 for that EB2 labor was approved in August 2006 and then they filed 485 for that on 15th July 2007. (i.e. PD Date 11th July 2006 )
In the mean time they got my first labor EB3 (PD Date 17th January 2005) approved and they filed I-140 that was approved for that on June 2007.
Now my lawyer told that they filed an application to change the PD Date on I-485 filed from 11th July 2006 to 17th January 2005.
Any body has an experince like that , If yes then ?
how long does it take to do that
How I will know that Priority Date has been ported
Any body else has same issue
pd_recapturing
09-27-2007, 09:38 AM
Yes, ,mine is exactly the same case. I filed my 485 based on a EB3 labor with PD May 2004 but in the mean time, I got approved my other EB2 I-140 with the same PD. Now, I have received the RN for 485 so my lawyer is planning to file an amendment on existing 485 to use new I140. So basically, for me, its gonna be a category change (eb3 to eb2) and this process is called interfiling. I will post updated on my case when its done.
Yes, ,mine is exactly the same case. I filed my 485 based on a EB3 labor with PD May 2004 but in the mean time, I got approved my other EB2 I-140 with the same PD. Now, I have received the RN for 485 so my lawyer is planning to file an amendment on existing 485 to use new I140. So basically, for me, its gonna be a category change (eb3 to eb2) and this process is called interfiling. I will post updated on my case when its done.
Do you know
how long does it take to do that
How I will know that Priority Date has been ported
softcrowd
09-27-2007, 09:53 AM
SKU - Yes, your attorney is correct when he is pursuing for the PD transfer from your EB3 to EB2. This way you will get the best out of both worlds (Older date 2005 + EB2). I don't think you will need to go for any amendment or something.
Basically PD Transfer can be done at any of the 2 stages. At 140 level or at 485. Since your EB2 140 approved before EB3 140, there was no chance for you to do it at 140 stage. So your attorney sends a letter to USCIS with a copy of Eb3 140 approval & request them to transfer the 2005 date onto your Eb2 140+485 file. Then USCIS ties the oldest PD to your A#. You may not get any seperate notification confirming the same.
Please note PD transfer is different from "Interfiling". In interfiling, you just replace one approved 140 with another.
skdskd
09-27-2007, 10:03 AM
Don't know how long it takes ??
SKU - Yes, your attorney is correct when he is pursuing for the PD transfer from your EB3 to EB2. This way you will get the best out of both worlds (Older date 2005 + EB2). I don't think you will need to go for any amendment or something.
Basically PD Transfer can be done at any of the 2 stages. At 140 level or at 485. Since your EB2 140 approved before EB3 140, there was no chance for you to do it at 140 stage. So your attorney sends a letter to USCIS with a copy of Eb3 140 approval & request them to transfer the 2005 date onto your Eb2 140+485 file. Then USCIS ties the oldest PD to your A#. You may not get any seperate notification confirming the same.
Please note PD transfer is different from "Interfiling". In interfiling, you just replace one approved 140 with another.
Thanks softcrowd , As you said I won't get separate notification confirming the PD transfer, SO How will I know that PD has been ported ?
wahwah
09-27-2007, 10:15 AM
I have taken a different route.....i already have an EB3 - I140 approved with a Jan.2003 PD and recently i filed another I-140/485 based on another EB2 approved perm labor. ...i filed after the whole july/august fiasco because my PD under EB2 will be current based on my old Eb3 PD. I hope i am not going to have any issues? Your thoughts?
Thanks
SKU - Yes, your attorney is correct when he is pursuing for the PD transfer from your EB3 to EB2. This way you will get the best out of both worlds (Older date 2005 + EB2). I don't think you will need to go for any amendment or something.
Basically PD Transfer can be done at any of the 2 stages. At 140 level or at 485. Since your EB2 140 approved before EB3 140, there was no chance for you to do it at 140 stage. So your attorney sends a letter to USCIS with a copy of Eb3 140 approval & request them to transfer the 2005 date onto your Eb2 140+485 file. Then USCIS ties the oldest PD to your A#. You may not get any seperate notification confirming the same.
Please note PD transfer is different from "Interfiling". In interfiling, you just replace one approved 140 with another.
pd_recapturing
09-27-2007, 10:20 AM
SKU - Yes, your attorney is correct when he is pursuing for the PD transfer from your EB3 to EB2. This way you will get the best out of both worlds (Older date 2005 + EB2). I don't think you will need to go for any amendment or something.
Basically PD Transfer can be done at any of the 2 stages. At 140 level or at 485. Since your EB2 140 approved before EB3 140, there was no chance for you to do it at 140 stage. So your attorney sends a letter to USCIS with a copy of Eb3 140 approval & request them to transfer the 2005 date onto your Eb2 140+485 file. Then USCIS ties the oldest PD to your A#. You may not get any seperate notification confirming the same.
Please note PD transfer is different from "Interfiling". In interfiling, you just replace one approved 140 with another.
Thanks for clarification. Can you tell me as to how easy/difficult is interfiling and anything specific about it?
pappu
09-27-2007, 10:42 AM
The USCIS memo allows interfiling. Its is perfectly ok to do that and there are benefits as well as some risks. Do it if your benefits outweigh the risks. One can check LUDs of I485 to guess if the interfiling has been entered into the system (not a good method to judge and cannot tell you if it was interfiling or anything else. Or if Interfiling is approved) and also wait for a confirmation that may come in a few months for it or take an infopass to find out (I do not know yet about info pass method to find interfiling update. Will need to read more).However be aware that it will likely delay cases, since there could be some confusion. There can also be RFE due to USCS concern about the bona fide intention and ability to keep working with the GC-sponsoring employer. It is also likely to result in the USCIS" scheduling an interview for such a person.
The best method I have found to capture priority date is during the filing of I140. If you have an old I140 approved when you are filing a new I140, you should at that time capture your old PD. This is a very clean method as at that time, your employer is proving that you are going to be employed in his company and that is why he is filing I140 and requesting a transfer of old PD from his company/other company. If your case is clean, this is a good option to transfer priority dates. You must do your own research and consult with more than one good immigration lawyer that has done interfiling a lot before taking a decision.
pd_recapturing
09-27-2007, 11:56 AM
The USCIS memo allows interfiling. Its is perfectly ok to do that and there are benefits as well as some risks. Do it if your benefits outweigh the risks. One can check LUDs of I485 to guess if the interfiling has been entered into the system (not a good method to judge and cannot tell you if it was interfiling or anything else. Or if Interfiling is approved) and also wait for a confirmation that may come in a few months for it or take an infopass to find out (I do not know yet about info pass method to find interfiling update. Will need to read more).However be aware that it will likely delay cases, since there could be some confusion. There can also be RFE due to USCS concern about the bona fide intention and ability to keep working with the GC-sponsoring employer. It is also likely to result in the USCIS" scheduling an interview for such a person.
The best method I have found to capture priority date is during the filing of I140. If you have an old I140 approved when you are filing a new I140, you should at that time capture your old PD. This is a very clean method as at that time, your employer is proving that you are going to be employed in his company and that is why he is filing I140 and requesting a transfer of old PD from his company/other company. If your case is clean, this is a good option to transfer priority dates. You must do your own research and consult with more than one good immigration lawyer that has done interfiling a lot before taking a decision.
Thats exactly what I did. I captured my PD during filing of 2nd I-140 and got it done sucessfully. Now, I am planning to do interfiling saying that use new I-140 instead of older one while processing my I-485. My lawyer is quite hopeful with this as according to him, it has been done several times by his law firm.
The USCIS memo allows interfiling. Its is perfectly ok to do that and there are benefits as well as some risks.
pappu, which one is complex (Riskier) Interfiling or re-capturing PD,
Inmy cases lawyer is trying to re-capture old PD
Even though my case I think is as you said so called "Clean" hope-fully
So how long does it take to do that
softcrowd
09-27-2007, 01:09 PM
SKU - If you look at your PDs, you will get advantage only when you transfer your from EB3 onto Eb2 (then you will get 2005 EB2).
PD transfer should not have any risks associated with it. Either they do it or not do it. But as per law, you are eligible for the oldest PD if you have more than one PD (unless the older 140 was recoked due to Fraud)...
I see this as a "no-risk" option...
There were occasions where USCIS did not transfer the PDs when asked. That was just one of those USCIS' works...
But as per law, they have to honor your PD transfer request.
skdskd
09-27-2007, 01:13 PM
SKU - If you look at your PDs, you will get advantage only when you transfer your from EB3 onto Eb2 (then you will get 2005 EB2).
PD transfer should not have any risks associated with it. Either they do it or not do it. But as per law, you are eligible for the oldest PD if you have more than one PD (unless the older 140 was recoked due to Fraud)...
I see this as a "no-risk" option...
There were occasions where USCIS did not transfer the PDs when asked. That was just one of those USCIS' works...
But as per law, they have to honor your PD transfer request.
That is what I am trying to do transfer my EB3 PD to Eb2 (I-485)
My attorney has filed for Priority Date Transfer , He got the reciept ,it is LIN#
When I put this LIN# on case status website for USCIS, IT says application is I-140.
My question is it how the Priority Date Transfer thing work, How long does it take to get the Priority Date Transfer done.
History of the Priority Date Transfer------------------
My Employer filed labor EB3 In 17th January 2005
Then Same Employer filed another labor EB2 in 11th July 2006 (PERM)
EB2 labor was approved in July 2006 itself and then filed I-140 for that EB2 labor was approved in August 2006 and then they filed 485 for that on 15th July 2007. (i.e. PD Date 11th July 2006 )
In the mean time they got my first labor EB3 (PD Date 17th January 2005) approved and they filed I-140 that was approved for that on June 2007.
Now my lawyer told that they filed an application to change the PD Date on I-485 filed from 11th July 2006 to 17th January 2005.
pd_recapturing
10-11-2007, 04:20 PM
I am doing the same thing but my lawyer is not expecting any receipt number for that. My lawyer is going to send a letter to USCIS saying that use better PD I-140 instead of the not-so-good PD I140 with the already filed I-485. According to lawyer, we are not going to get any acknowledgement from USCIS confirming that they did it.
I am doing the same thing but my lawyer is not expecting any receipt number for that. My lawyer is going to send a letter to USCIS saying that use better PD I-140 instead of the not-so-good PD I140 with the already filed I-485. According to lawyer, we are not going to get any acknowledgement from USCIS confirming that they did it.
Then why In my case they got the Reciept , My lawyer says PD recapturing is EB-2 I-140 Amendment /AOS sub request
pd_recapturing
10-11-2007, 05:00 PM
Actually, this has been discussed in forum several times before and somebody raised this question that how can one know that his/her application of PD transfer with 485 has been approved, a bunch of ppl replied that there is no way , he/she can know about it. I am not sure how come your lawyer received the LIN number for this as they do not open a new case for this. What exactly your case status say on line?
pd_recapturing
10-11-2007, 05:03 PM
May be, there are some new rules/regulation that state that a new case has to be opened for such a request. My lawyer is still waiting for RN of my 485 to apply interfiling/pd recapturing so I do not know whether I will also get a case number for that. But, please keep us posted as this would help ppl who are in same boat.
My Status Says
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case received and pending.
partha_vus
10-11-2007, 08:40 PM
I had a copy of my approved I140 Receipt with Priority date of Jan 2001.
When i am filing my latest I-140(March 2007) i forgot to mention to this to my company attorney.
When i had a conversation with the lawyer he mentioned me that we can port priority date Then i asked him to port the PD, then they changed the I-140 to premium along with porting of PD. It ported and cleared.
thanks
:)
My Employer filed labor EB3 In 17th January 2005
Then Same Employer filed another labor EB2 in 11th July 2006 (PERM)
EB2 labor was approved in July 2006 itself and then filed I-140 for that EB2 labor was approved in August 2006 and then they filed 485 for that on 15th July 2007. (i.e. PD Date 11th July 2006 )
In the mean time they got my first labor EB3 (PD Date 17th January 2005) approved and they filed I-140 that was approved for that on June 2007.
My attorney has filed for Priority Date Transfer , He got the reciept ,it is LIN#
When I put this LIN# on case status website for USCIS, IT says application is I-140.
When I check status for that LIN # on USCIS Wesite My Status Says
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case received and pending.
So, Does it mean PD Transfer it has to be filed as New I40 ?
softcrowd
10-11-2007, 09:36 PM
Sku - From what you described, i think your attorney has filed for an I-140 amendment, in which case, he is asking USCIS to amend the already aprroved I-140 with your old PD. So that gives you a new 140 approval petition with a different PD.
I heard some attornies taking this path. But Attn.Murthy mentioned in one of her chat sessions that for PD porting one should not apply for 140 amendment. She says amendments are mainly for things like - if name has a typo or by mistake, if USCIS classified the EB category wrong on 140 appproval etc.,
But I remember reading on one of the forums - a succesful PD transfer by filing an amendment to the I-140.
You may just check with your attorney.
But Attn.Murthy mentioned in one of her chat sessions that for PD porting one should not apply for 140 amendment.
So Can It jeopardize Or Complicate my I-485 (AOS) ??
pd_recapturing
10-11-2007, 10:48 PM
So Can It jeopardize Or Complicate my I-485 (AOS) ??
So looks like, when your lawyer applied 2nd EAD, he did not try to port the PD into it and now he has filed some kind of amendment to get the PD fixed. If this is the case, then I THINK (I may be wrong here), he should have done it in one shot while simultaneously applying 140 and PD xfer request. thats what my lawyer did so porting of PD was done during the 140 time in my case. but I noticed from your original post, ur lawyer requested porting of PD as well as applying it with existing 485 so looks like, he is trying to do two things in one shot. I am sure, he must be right so eventually what u will see is the earlier PD ported to your 140 and 485.
everonh1
10-12-2007, 03:11 AM
I have a question related to exactly this discussion.
I see that Interfiling and Porting are 2 different things.
I have a EB2 I-485 with Jan 06 PD filed.I also have a EB2 Labor approved with PD 2004,but with an older Company-not same company which filed 485.
Is it recommended or ok to go ahead and file I-140 for EB2 Labor with 2004 PD?
I was thinking,once it is approved,I can take advantage of early PD by porting that PD to current I-485.
But I am a little confused with interfing and PD porting?
Would I have to interfile old approved I-140,but in that case,my current I-140 will get replaced and also I may have to work for old Employer after GC etc?
OR Can I just port the PD without interfiling to keep everything as is and just get advantage of early PD??
everonh1
10-15-2007, 01:34 AM
Any replies/comments??
Appreciate any opinions/views on this.
Thanks
everonh1
sanbaj
10-15-2007, 09:26 AM
I have a related question. What CIS form is used to file for PD transfer and/or interfiling if the I485 is already pending and both the I140s are approved? Can we do this without any lawyers help?
Thanks in advance.
PBECVictim
10-22-2007, 04:42 PM
1) My first EB3 140 approved with PD date - Dec 2003
2) My original labor EB2 with PD June 2004 approved before July fiasco
3) I have filed I-140/485 concurrently requesting porting my EB3 PD on July 25th
I have to travel to India by Jan end, otherwise I have to lose my airfare for whole family. At any cost I have to travel. With the current I-140 approval trend, my I-140 may not get approved by that time.
If I travel on Adavance Parole and my EB2 I-140 gets denied, attorney can request USCIS to use my old approved EB3 I-140?
If someone knows memo regarding this, can you please give me the link?
PBECVictim
10-22-2007, 05:28 PM
09/12/2006 Michael Aytes Memo
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
dhanuss
10-25-2007, 11:55 AM
Hi,
My first labor PD is Jan, 2003 as it is Non RIR and taking too long, the same company applied for labor again in Sep,2004 which was cleared in 2006 even 140 was approved. We filed for 485 in July using PD Sep,2004, after this our Jan,2003 labor was approved from BEC.
1. How can I port that PD?
2. Can we port it without applying for I140 as it is the same company?
I appreciate your suggestions.
Thanks
gcobsessed
11-30-2007, 07:59 AM
Seeing several other threads on this forum about recent 485 approvals, looks like labor substituted or Eb3 to Eb2 converted case 485 approvals are not as timely as the straightforward cases. (say, early-2002 EB3->EB2 converted case is not approved yet Vs mid-2003 straight EB2 case is approved Vs early-2001 straight Eb3 case is approved)
Given that, is it still preferable to convert to EB2 if the Priority Date gain is less than a couple of years?
CADude
12-03-2007, 11:07 PM
Do you have any template letter for USCIS to request PD re-capture? Please let us more about the said law (clause no, etc) or it's Pearson memo.
SKU - If you look at your PDs, you will get advantage only when you transfer your from EB3 onto Eb2 (then you will get 2005 EB2).
PD transfer should not have any risks associated with it. Either they do it or not do it. But as per law, you are eligible for the oldest PD if you have more than one PD (unless the older 140 was recoked due to Fraud)...
I see this as a "no-risk" option...
There were occasions where USCIS did not transfer the PDs when asked. That was just one of those USCIS' works...
But as per law, they have to honor your PD transfer request.
tp976
04-30-2008, 03:44 PM
So Can It jeopardize Or Complicate my I-485 (AOS) ??
were you able to interfile? im looking for people who have been successful in doing this
i have a PD OCT 03 ( EB3) and july 06 (EB2), both cases I-140 approved. Just wondering its worthwhile doing it.
bitzbytz
05-12-2008, 01:02 PM
My com pany filed the first LC in Feb 2005 and applied for LC through PERM in Jun 2006.
The June 2006 LC was approved and I 140 using June 2006 PD was approvied in Oct 2006.
I 485 was filed in JUly 2007 and EAD/AP was also approved in Nov 2007.
I do not know if my initial LC (Feb2005) was approved but is it possible that I can capture Feb2005 PD since it was applied?
Do I need to have that LC approved to capture the Feb 2005 PD?
Appreciate your responses.
tp976
05-12-2008, 02:50 PM
I have 2 I-140's approved, oct 03 EB3 and July 06 EB2. I filed my 485 using my EB3 petition in july. My attorney recently sent a mail to transfer my 485 app to EB2 using the EB3 date last week. HOpe it works out
My com pany filed the first LC in Feb 2005 and applied for LC through PERM in Jun 2006.
The June 2006 LC was approved and I 140 using June 2006 PD was approvied in Oct 2006.
I 485 was filed in JUly 2007 and EAD/AP was also approved in Nov 2007.
I do not know if my initial LC (Feb2005) was approved but is it possible that I can capture Feb2005 PD since it was applied?
Do I need to have that LC approved to capture the Feb 2005 PD?
Appreciate your responses.
funny
05-13-2008, 01:35 PM
Thats exactly what I did. I captured my PD during filing of 2nd I-140 and got it done sucessfully. Now, I am planning to do interfiling saying that use new I-140 instead of older one while processing my I-485. My lawyer is quite hopeful with this as according to him, it has been done several times by his law firm.
Hi
I am in the same boat.
Eb3 PD oct 10 2003 - INDIA
I140 - Approved
I485 pending based on this I140
I485 Recvd Date - Aug 16 2007
Eb2 PD Jul 10 2006
I140 Approved
Now i am asking my lawyer to request the interfiling so that i can use the Eb2 I140 with the dates from EB3. My Lawyer is asking $1500 for sending this request to USCIS. I called the TSC today and the rep told me that your case is not assigned to the IO yet, and once it is assigned to the IO then it will be decided which PD is to be used.
Do you guys think i should ay 1500 to my Lawyer, has anyone seen any scuccess in interfiling with a pending 485 yet. Should i wait till my case is assigned to the IO, because nothing will happen before that anyways??
Any inputs will be appreciated.
Thanks
funny
05-13-2008, 01:42 PM
I have 2 I-140's approved, oct 03 EB3 and July 06 EB2. I filed my 485 using my EB3 petition in july. My attorney recently sent a mail to transfer my 485 app to EB2 using the EB3 date last week. HOpe it works out
Hi
if you don't mind can i ask how much did your lawyer charge for it? My lawyer is asking for $1500 for seinding this letter.
pd_recapturing
05-13-2008, 01:42 PM
Hi
I am in the same boat.
Eb3 PD oct 10 2003 - INDIA
I140 - Approved
I485 pending based on this I140
I485 Recvd Date - Aug 16 2007
Eb2 PD Jul 10 2006
I140 Approved
Now i am asking my lawyer to request the interfiling so that i can use the Eb2 I140 with the dates from EB3. My Lawyer is asking $1500 for sending this request to USCIS. I called the TSC today and the rep told me that your case is not assigned to the IO yet, and once it is assigned to the IO then it will be decided which PD is to be used.
Do you guys think i should ay 1500 to my Lawyer, has anyone seen any scuccess in interfiling with a pending 485 yet. Should i wait till my case is assigned to the IO, because nothing will happen before that anyways??
Any inputs will be appreciated.
Thanks
Thats interesting and looks logical. I also have been told the same thing that as soon as my case goes to an IO, they will attach the most favorable i-140 PD/EB category to my case. All the interfile letters that sent to service center end up in the 485 file of applicant and that helps the IO to attach the I-140.
My lawyer did not charge me any single penny for the interfiling. if your lawyer thinks that he can go after them, pay him and get it done.
pd_recapturing
05-13-2008, 01:46 PM
I have 2 I-140's approved, oct 03 EB3 and July 06 EB2. I filed my 485 using my EB3 petition in july. My attorney recently sent a mail to transfer my 485 app to EB2 using the EB3 date last week. HOpe it works out
Your case looks good as Oct 03 EB2 is current now. Keep pushing your lawyer and USCIS (if u can). This is the best opportunity for you. For me, my eb2 and eb3 I-140 have same PD as May 2004 so both are not current. I applied 485 with eb3 I-140 and trying to interfile it with eb2 i-140.
pd_recapturing
05-13-2008, 01:48 PM
Your case looks good as Oct 03 EB2 is current now. Keep pushing your lawyer and USCIS (if u can). This is the best opportunity for you. For me, my eb2 and eb3 I-140 have same PD as May 2004 so both are not current. I applied 485 with eb3 I-140 and trying to interfile it with eb2 i-140.
And also, could you please share the content of letter (the main points) and address where it was sent ?
hebbar77
05-13-2008, 02:12 PM
My lawyer told me that porting earlier priority date will be done by sending a letter to USCIS to process my 485 with different priority date.
Lawyer said they will do this once my earlier priority date becomes current.
I dont know if this is ok, or they can send letter now... But I dont have a choice than to wait!
tp976
05-13-2008, 02:17 PM
She charged me $250. She said since there is no form for this , its just a letter from the attorney seeking a change
Hi
if you don't mind can i ask how much did your lawyer charge for it? My lawyer is asking for $1500 for seinding this letter.
americandesi
05-13-2008, 02:21 PM
The USCIS memo allows interfiling. Its is perfectly ok to do that and there are benefits as well as some risks. Do it if your benefits outweigh the risks. One can check LUDs of I485 to guess if the interfiling has been entered into the system (not a good method to judge and cannot tell you if it was interfiling or anything else. Or if Interfiling is approved) and also wait for a confirmation that may come in a few months for it or take an infopass to find out (I do not know yet about info pass method to find interfiling update. Will need to read more).However be aware that it will likely delay cases, since there could be some confusion. There can also be RFE due to USCS concern about the bona fide intention and ability to keep working with the GC-sponsoring employer. It is also likely to result in the USCIS" scheduling an interview for such a person.
The best method I have found to capture priority date is during the filing of I140. If you have an old I140 approved when you are filing a new I140, you should at that time capture your old PD. This is a very clean method as at that time, your employer is proving that you are going to be employed in his company and that is why he is filing I140 and requesting a transfer of old PD from his company/other company. If your case is clean, this is a good option to transfer priority dates. You must do your own research and consult with more than one good immigration lawyer that has done interfiling a lot before taking a decision.
Pappu, Could you please clarify if USCIS considers the old or the new PD in determining "Ability to Pay" for interfiled I-140's?
pappu
05-14-2008, 08:26 AM
Pappu, Could you please clarify if USCIS considers the old or the new PD in determining "Ability to Pay" for interfiled I-140's?
I would think that each I140 is approved on its own eligibility. Thus ability to pay is the for one of the I140. Consult a good lawyer for it. Interfiling is a different process just to capture PD from an old approved I140 while approving a new I140.
Do you have the 2 I140s from the same company?
sanbaj
05-14-2008, 09:48 AM
My lawyer has filed a Interfiling Request with USCIS in Mar/08. My case details and letter format and content is discussed in the following thread: http://immigrationvoice.org/forum/showthread.php?t=18082.
Hope this helps.
funny
05-14-2008, 12:04 PM
My lawyer has filed a Interfiling Request with USCIS in Mar/08. My case details and letter format and content is discussed in the following thread: http://immigrationvoice.org/forum/showthread.php?t=18082.
Hope this helps.
Hi Sanbaj
were you able to find out the status of your interfiling request. Also how much did your lawyer charge for doing this.
Thanks
gcdreamer05
05-16-2008, 11:26 AM
Hi Gurus,
What will happen to EAD if one files 2 LC and has 2 I-140, then is the same EAD good for both ?
Please explain...
Thanks
:confused:
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