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Old 01-11-2008, 11:10 PM
dvb123 dvb123 is offline
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
07/16/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Dec 2006
Posts: 152
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Default Porting Priority Date from FB - EB

I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.

Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .

245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.

However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
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