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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 05-27-2008, 08:42 PM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
Compare
Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Question How long does it take for Porting of Priority Date????

I have EB2 I -140 with priority date Dec 2006 and EB3 I-140 with priority date Feb 2003. I am a July 485 filer.

My attorney sent request letter 6 months back to USCIS to Port my EB3 to EB2 (interfile) as the the priority date is current.

How should we find wheather the porting is done or not?

We took the infopass but did not get any information

Thanks,
Hyddsnr
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  #2 (permalink)  
Old 05-27-2008, 10:27 PM
JDM JDM is offline
Junior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
02/03/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2008
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Join Date: Dec 2006
Posts: 21
JDM is on a distinguished road
Default Same here

I am in the same boat. I guess that its a matter of time when we should be getting some good news.The reason could be that although we are current , service center are only processing case till June 2007 (with some exceptions) and our date of Recipt is July 2007
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  #3 (permalink)  
Old 05-27-2008, 10:40 PM
Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
04/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
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Join Date: May 2006
Posts: 86
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Default

First of all, Porting the older priority date is different from "interfiling". Let me explain with an example.

Say, you have two I-140s as below
# 1 --> EB3 2004
# 2 --> EB2 2006
When you request for porting the PD (from # 1 to # 2) -> you will be EB2 2004. (Got the older Eb3 date onto Eb2 case).

But "interfiling" is different - asking USCIS to replace one I-140 with another one. Say you already filed I-485 based on Eb3 2004 I-140. Now, you want to replace the Eb3 2004 i-140 in your AOS (485) file with the Eb2 2006 I-140. In this scenario, you are not explicitly getting the dates ported by just replacing one I-140 with another.

Now going back to your original question - I understand that you are actually interested in Porting the PD from older I-140 onto the newer one. What is the status of your I-140 applications? Are both approved or the latter one is still pending? Ideally, if you submit a PD porting request along with the filing of 2nd I-140, the approval copy should have the ported PD. But USCIS is not doing this all the times. In that case, it would be a little troublesome. All you can do is - send another letter to them now & also one at the time your PD becomes current (the ported date - which is Eb2 2004 in the above example) to remind the USCIS that you have an older date. Along with that, you also may need to call & take an infopass to bring the fact to thier attention.
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  #4 (permalink)  
Old 05-27-2008, 10:45 PM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
Compare
Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by JDM View Post
I am in the same boat. I guess that its a matter of time when we should be getting some good news.The reason could be that although we are current , service center are only processing case till June 2007 (with some exceptions) and our date of Recipt is July 2007
Thank you for updating me. Please let me know if you hear any good news.
Actually i called IO, they said they are not seeing any interfile request. Do you mean they will see all the porting request mails when my I-485 processing date comes???
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  #5 (permalink)  
Old 05-27-2008, 11:01 PM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
Compare
Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by softcrowd View Post
First of all, Porting the older priority date is different from "interfiling". Let me explain with an example.

Say, you have two I-140s as below
# 1 --> EB3 2004
# 2 --> EB2 2006
When you request for porting the PD (from # 1 to # 2) -> you will be EB2 2004. (Got the older Eb3 date onto Eb2 case).

But "interfiling" is different - asking USCIS to replace one I-140 with another one. Say you already filed I-485 based on Eb3 2004 I-140. Now, you want to replace the Eb3 2004 i-140 in your AOS (485) file with the Eb2 2006 I-140. In this scenario, you are not explicitly getting the dates ported by just replacing one I-140 with another.

Now going back to your original question - I understand that you are actually interested in Porting the PD from older I-140 onto the newer one. What is the status of your I-140 applications? Are both approved or the latter one is still pending? Ideally, if you submit a PD porting request along with the filing of 2nd I-140, the approval copy should have the ported PD. But USCIS is not doing this all the times. In that case, it would be a little troublesome. All you can do is - send another letter to them now & also one at the time your PD becomes current (the ported date - which is Eb2 2004 in the above example) to remind the USCIS that you have an older date. Along with that, you also may need to call & take an infopass to bring the fact to thier attention.
Thank you for your reply....Yes I think in my case it is not interfiling. we are just requesting for Porting PD date. My both I-140's have been approved. But I-485 is applied with EB2( i.e Dec 2006) in july 2007 time, after that my EB3-140 is approved in december. Then on Dec10 our attorney sent request mail asking to use EB3 pd date for the current I-485 EB2 I140. After six months we did not hear anything then i requested lawyer again to sent second reminder...then he sent another on april 10 2008. But I see there is an LUD on my EB2-140 on april 20. Then I called Immigration officer and she said still they see PD date is Dec 2006. In fact I went to info pass office too,,but they said they will not have any access to check I-140....Iam bit help less...So bit curious to know how do i know what is happening with my case......
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