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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 01-16-2008, 04:50 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
02/26/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 56
Sri_ is a jewel in the rough Sri_ is a jewel in the rough Sri_ is a jewel in the rough
Default Incorrect Priority Date on I-140 Approval Notice

Can someone guide me on how a incorrect Priority Date on I-140 approval notice can be corrected. Instead of 2004, the priority date (year) on my I-140 Approval Notice was printed as 2007.

My employer said that he had sent & fax'd (11 Months Back) the documents to USCIS requesting the change in priority date. But there was no response from USCIS until now. Please suggest if there is any other way to try and get the quick response.

Thanks

My Problem is resolved. Information has been updated in the chain below.

Last edited by Sri_; 02-20-2008 at 01:59 PM. Reason: Problem Resolved
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  #2 (permalink)  
Old 01-16-2008, 10:33 PM
Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2007
Posts: 30
sixpockets is on a distinguished road
Default

i have the same issue, 2007 instead of 2004. The attorney opened a service request with USCIS, its been a month, no response yet. However I saw 2 LUDs on my I-140 15 days after the service req was put in. Dont know what that was for.
__________________
VA, RIR EB2
PD - 11/12/04
Labor approval - 01/13/2007
I-140 Filed - 03/14/2007 (TSC)
I-485/765/131 Filed - 07/02/2007 (TSC)
AC21 activated - Feb 2008, changed employer and moved from VA to NC
I-485 approval - 09/11/2009
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  #3 (permalink)  
Old 01-21-2008, 01:16 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
02/26/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 56
Sri_ is a jewel in the rough Sri_ is a jewel in the rough Sri_ is a jewel in the rough
Default

Here are the options you can try.

(1) Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140. If it is updated, then you are fine. Even though the priority date is updated, I would suggest to get another approval notice with correct priority date.

Incase if the priority date is not updated, then

(2) Call the USCIS customer service and explain the problem, then they will ask you to fax the copy of approval notice, cover letter explaining the problem and any supporting documentation to the expedite services fax number. This fax number is given based on the service center that has approved your I-140.

Please keep posted whenever your priority date is updated and the steps that you have followed to get it done.
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  #4 (permalink)  
Old 01-22-2008, 05:56 PM
Junior Member
Priority Date
:
Apr-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2008
Posts: 2
kaus is on a distinguished road
Default I-140 Pending

Hi,

Can i apply for the H-1B Three years of extension when my I-140 is still pending.
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  #5 (permalink)  
Old 01-22-2008, 06:00 PM
Junior Member
Priority Date
:
Apr-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2008
Posts: 2
kaus is on a distinguished road
Default

Hi,
Anything like priority date are there after I-140 is approved because my friend had applied for I-129 petition in the month of august and he got the I-140 approval in the month of march but still he didn't got the approval for 3years. why?
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  #6 (permalink)  
Old 02-20-2008, 01:52 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
02/26/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 56
Sri_ is a jewel in the rough Sri_ is a jewel in the rough Sri_ is a jewel in the rough
Default

Quote:
Originally Posted by Sri_ View Post
Can someone guide me on how a incorrect Priority Date on I-140 approval notice can be corrected. Instead of 2004, the priority date (year) on my I-140 Approval Notice was printed as 2007.

My employer said that he had sent & fax'd (11 Months Back) the documents to USCIS requesting the change in priority date. But there was no response from USCIS until now. Please suggest if there is any other way to try and get the quick response.

Thanks
My problem is resolved. Listing the events in the order they happened, as it might be helpful to others who are in the same/similar situation.

03/2007: I-140 Approved with incorrect priority date. Year in priority date was mentioned as 2007 instead of 2004. I was not informed about this by my employer.
03/2007: My employer fax'd and mailed the copy of I-140 approval, copy of Labor Certification and cover letter requesting to correct the priority date and send corrected approval notice.
01/2008: As I haven't received 485 receipt, took infopass appointment to find 485 received & notice date. I also asked for Priority date, this is when I came to know that USCIS had incorrect priority date (year was mentioned as 2007 instead of 2004)
01/2008: Since I didnot have I-140 approval with me, I asked employer about this and then the employer informed me that the priority date is incorrect and they have sent for correction in 03/2007 and they haven't received any response till date.
01/2008: Called USCIS explaining the problem. The customer rep asked me to fax to TSC expedite service fax number (214-962-2632) requesting to correct the problem on approval notice. Note: The number varies for each approval service center.
01/2008: Requested employer to fax the same documents again, but I have asked them to fax it to service center's expedite service fax number.
01/2008: There was no progress (no LUD's on I-140). Took infopass appointment after 2 weeks and convinced immigration officer to fax the documents to the expedite service fax number. The officer initially denied but later took the documents and fax number and said that he will send it. I am not sure whether he has sent to the same number I have given or to any other private number the district office has.
01/2008: Immediate next day, I had LUD on my I-140 and after 5 days LUD on I-485
02/2008: Two weeks from I-140 LUD, took infopass appointment and found that priority date has been corrected.
02/2008: Now I-140 online status shows that approval notice has been mailed. My employer is yet to receive it.
02/2008: My employer received the I-140 approval notice with the corrected priority date.

Thanks
Sri_

Last edited by Sri_; 03-24-2008 at 07:56 AM.
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  #7 (permalink)  
Old 07-30-2008, 03:10 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
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Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Question My turn now !!!

Sri,

I am in the same trouble now. My actual priority date is Feb 2005 and I140 says March 2007 and I just found out. I tried calling USCIS to create a SR on my 140 but they say Only the petitioner or the Atorney have to call them to create SR on 140.

How did you manage to create a SR ?
Please let me know.

Thanks a lot for your help in advance.

Ramesh.
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  #8 (permalink)  
Old 07-30-2008, 04:45 PM
Senior Member
Priority Date
:
Jun-03
Category
:
EB2
I140 Mailed Date
:
03/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Jul 2007
Posts: 287
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Default

Quote:
Originally Posted by kramesh_babu View Post
Sri,

I am in the same trouble now. My actual priority date is Feb 2005 and I140 says March 2007 and I just found out. I tried calling USCIS to create a SR on my 140 but they say Only the petitioner or the Atorney have to call them to create SR on 140.

How did you manage to create a SR ?
Please let me know.

Thanks a lot for your help in advance.

Ramesh.
One my co-worker had the similar issue. His lawyer filed for amendment to his already approved I-140 (which had wrong PD) and got it back with corrected PD. This process however took almost 6+ months.
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  #9 (permalink)  
Old 07-30-2008, 04:49 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Default Oops !!!

Quote:
Originally Posted by desi485 View Post
One my co-worker had the similar issue. His lawyer filed for amendment to his already approved I-140 (which had wrong PD) and got it back with corrected PD. This process however took almost 6+ months.
6 months ? Oh my God...

BTW, I talked to my lawyer and she said they are going to call USCIS to create a SR. I am not sure how useful that is going to be though.
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  #10 (permalink)  
Old 07-30-2008, 05:44 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
02/26/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 56
Sri_ is a jewel in the rough Sri_ is a jewel in the rough Sri_ is a jewel in the rough
Default

SR was not for I-140, it was for I-485 receipts.

Using the SR, I took infopass and when talked to them about 485 receipts, I asked them about my priority date. I just want to confirm the date as my employer did not share the I-140 approval with me. This is when I came to know about incorrect priority date.

Ask your employer to fax supporting document to the number I specified and request to correct the priority date and send the new approval notice. If you donot see LUD on your case in a week or two, then take infopass and somehow convince officer over there to fax the documents from USCIS office.

Sri_
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  #11 (permalink)  
Old 07-30-2008, 06:07 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
06/11/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/11/2007
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Join Date: Apr 2006
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See my posts in http://immigrationvoice.org/forum/sh...ad.php?t=19981 (How to correct the priority date mistake on USCIS side)

Took only 1 week.
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  #12 (permalink)  
Old 07-30-2008, 06:35 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 135
sankap is a jewel in the rough sankap is a jewel in the rough sankap is a jewel in the rough sankap is a jewel in the rough
Default Pd

How do you determine the correct priority date? Is that the date when your PERM was approved?
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  #13 (permalink)  
Old 07-30-2008, 06:49 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Lightbulb Thanks guys !!!

Quote:
Originally Posted by InTheMoment View Post
Thanks again. Its very helpful.
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  #14 (permalink)  
Old 07-31-2008, 04:51 AM
Junior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
12/20/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 7
s_kary is on a distinguished road
Default PD on I-485 receipt

Hi guys,

I see the priority date on my I-140 approval notice but the priority date section on I-485 receipt notice is vacant. Can that be a concern?
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  #15 (permalink)  
Old 07-31-2008, 05:27 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 332
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Default date of filing

Quote:
Originally Posted by sankap View Post
How do you determine the correct priority date? Is that the date when your PERM was approved?
PD should be the date of filing PERM not date of approval of lc
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