All Priority date transfers and issues discussed here

[up_guy]

Reply from a law firm if you retain your priority date if old employer revokes approved I-140
"
The answer is not entirely clear, but a recent CIS memo suggests that
you keep your priority date despite the revocation.
"

[shaba]

My lawyer wrote a letter to TSC to change by priority date based on my old I140, still waiting, its been 2 months now.

[up_guy]

you can change this to Premium Processing so that you will get fast response.
Your old I-140 is revoked by old employer or it is still valid..

Originally Posted by shaba

My lawyer wrote a letter to TSC to change by priority date based on my old I140, still waiting, its been 2 months now.

[shaba]

My new I140 (Current employer) is already approved, was approved in 2 weeks. But they did not give me the old Priority date as we expeected. So my lawyer wrote a letter to correct it. - Are you telling me to apply another I140?

My 485 - is in progress, EAD and AP are approved.

Thanks

[nuke]

I am planning to move to a desi consultancy called Integral Systems Inc in Gathersburg, MD, so that I can reappy in EB2 and carry my priority date. Does any body in this forum has any good or bad feedback about this company?

[kperavali]

If there is more than one approved Labor for the same employer and the same employee(No Labor Substitution)

EB3 Labor(PD Nov 2004),
EB2 Labor(PD Mar 2005) AND
EB2 PERM(PD OCT 2005)

I-140 filed on the basis of Approved PERM EB2 Labor(PD OCT 2005) and I-140 is approved.

My question is it possible to transfer the EB3 PD to the approved I-140, OR atleast the EB2(PD Mar 2005) to the approved I-140.

Thanks!!

[shaba]

Guys,

Today I found out from TSC that they have made changes to my I140 priority date, its now Feb 1999. It was July 2002 initially when they approved my case, they made a mistake.

My lawyer wrote a letter to TSC and I also faxed the letters to an officer in TSC and explained them the whole situation.

Is all done, now my wait starts for my 485.

Good luck guys

[up_guy]

Congrats !

I am very happy for you. This is very good example for anyone that after 140 approval PD belongs to an employee even if employer revokes I-140

Keep it up guys,....no longer your employer can exploite you even if you have an approved I-140.

Keep sharing info..

Good luck to you Shaba

take care

Originally Posted by shaba

Guys,

Today I found out from TSC that they have made changes to my I140 priority date, its now Feb 1999. It was July 2002 initially when they approved my case, they made a mistake.

My lawyer wrote a letter to TSC and I also faxed the letters to an officer in TSC and explained them the whole situation.

Is all done, now my wait starts for my 485.

Good luck guys

[soonover]

Congrats! Could you find out if the earlier 140 was revoked? It would be very helpful to know for a lot of people. Good luck with the next stage.

[pcbadgujar]

Congratulations Shaba !!
I would appreciate if you could clarify few things for me .

1. Did you port the PD through different employer or through same employer ?

2. Was your new I-140 filed using Premium processing ?

3. Do you know how the long the old I-140 needs to be valid ? Should it it be valid only till you get your new I-140 clared or it got to be valid till your status is adjusted during the 485 stage ?

Thanks,
PC

[shaba]

1. Did you port the PD through different employer or through same employer ?

Different employer. Applied labor and I140 again in the new company and ported the old priority date.

2. Was your new I-140 filed using Premium processing ?

No, normal processing, was processed in 2 weeks except they did not acknowledge by old PD. we had to fight for it. My lawyer wrote a letter and I also talked to TSC and faxed the details quoting the Memorandum from William R. Yates

3. Do you know how the long the old I-140 needs to be valid ? Should it it be valid only till you get your new I-140 clared or it got to be valid till your status is adjusted during the 485 stage ?

You can reclaim your old PD in 140 or 485 stage, but you have to fight for it.
Thats my opnion.

[pcbadgujar]

Thanks A lot Shaba.

PC

[tampa_bucks]

I believe Rajiv Khanna is referring to this memo,

But one of my friends said - there are two types of revokation....USCIS revoking it and Employer revoking it...

and they said that this memo is referring to USCIS revoking I140 due to fraud/misrepresentation and does not apply to the the scenario of employer revoking it...

It's a bit of a grey area....
>>>>

(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).

[tampa_bucks]

shaba,

How do you know that your old I-140 was revoked or are you not sure, if it's revoked?

[shaba]

Here is the story

When I recieved by new I140 approval, I noticed that the PD was not ported.
I called TSC and an officer told me that she will find out the details, after 2 weeks she called me back saying that my old I140 was revoked (I am not sure if the employer revoked it OR the it expired since no one filed a 485 for this petition), and hence I cannot port the PD.

After which I talked to my lawyer and we faxed all the papers, please note that we had sent all these papers explaining the memo when we filled initially.
But they did not read all this.

So, I think unless there is some willfull misrepresentation, you can port the PD. You need to stress all the facts to them again and again.

Good luck