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despgc
07-28-2006, 08:51 AM
hi all

I am sure some one might have already asked this question and lot of ppl might have already answered it.I am sorry to ask this qq again.

my question is I ahve eb3 140 approved with oct 2002 as PD. now I got a EB2 labor approved with the PD of apr2005. I filed my 140 and 485 for the eb2 labor by putting the approved copy of EB3 140.

I got the src numbers I am tracking them by checks which they cashed.
now how do I know what will be my PD of this EB2 application. will the receipt of 140 tells me that or do I need to wait till it approves (I am little bit on tense side. hope it will approve soon).
I on this process for the last 6 years. :)

pls share some ideas..
thx all.

bheemi
07-28-2006, 11:38 AM
As per this questions/answers from immigration-law.com website, I beleive your priority date would be Eb- i-140 PD which is Oct 2002. Because if you dont conside this date as your prority date then they would have sent your application back...

you might have received receipt no for I-485 right...u can register online and check there whehter any dates are getting updated...


Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date? A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.

bheemi
07-28-2006, 11:39 AM
hi despgc,
if you dont mind can you send your attorney details,..,i would like to ask more details about this way of filing i-485..my current attorney says he does not know much info..

my e-mail id : bheemi@gmail.com

thanks in advance

gcpool
11-16-2006, 06:30 PM
You are the first person I know who has filed like this
Can you give us more details about the letter the lawyer made for using the earlier priority date.
Also can you please update the status of your case and also have you got your EAD

gcpool
01-15-2007, 03:22 PM
Have applied with two I-140s and ones date was within the visa dates.
The application has been returned.

I was hoping if you have any updates on your case

wellwishergc
01-15-2007, 04:08 PM
Is an approved I-140 of an earlier priority date case required to transfer the priority date to a later case? Wouldn't an approved labor of the earlier case be sufficient?
As per this questions/answers from immigration-law.com website, I beleive your priority date would be Eb- i-140 PD which is Oct 2002. Because if you dont conside this date as your prority date then they would have sent your application back...

you might have received receipt no for I-485 right...u can register online and check there whehter any dates are getting updated...


Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date? A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.

GotGC??
01-15-2007, 04:47 PM
No. From what I understand, you need to provide a copy of the approved I-140 with the earlier PD while applying for the new I-140. This I-140, when approved, will have the PD of the earlier I-140. Then when applying for I-485, you need to submit this I-140.

Is an approved I-140 of an earlier priority date case required to transfer the priority date to a later case? Wouldn't an approved labor of the earlier case be sufficient?

gcpool
01-15-2007, 04:47 PM
You need an approved I-140 to port the date

meg_z
01-15-2007, 05:03 PM
Have applied with two I-140s and ones date was within the visa dates.
The application has been returned.

I was hoping if you have any updates on your case

It would be helpful to others of you could post details of your two I-140. Was one approved already? Do you know why it was rejected? Thanks.

wellwishergc
01-15-2007, 05:15 PM
I presume you still need the approved I-140 of the previous case if you need a concurrent filing of the second case; correct? OR do you need to wait for I-140 on the second case to be approved before filing for I-485, in the scenario that you want to port the priority date of the old case?

No. From what I understand, you need to provide a copy of the approved I-140 with the earlier PD while applying for the new I-140. This I-140, when approved, will have the PD of the earlier I-140. Then when applying for I-485, you need to submit this I-140.

gcpool
01-16-2007, 06:05 AM
Both the I-140's have been approved

EB3 - Dec 2002
EB2 - Dec 2005

The reason they gave that I have to prove how I have the priority date to apply

whoever
01-16-2007, 12:09 PM
any ideas on this case anyone? thanks.

GCBy3000
01-16-2007, 01:03 PM
File for 485 with the second approved 140 and attach a photocopy of first 140 approval.

The beneficiary name should be the same. It WILL work. Even if attorney does not know, ask her to go ahead and do this one. She has to write a little covering letter explaning about your PD.


Both the I-140's have been approved

EB3 - Dec 2002
EB2 - Dec 2005

The reason they gave that I have to prove how I have the priority date to apply

gcpool
01-16-2007, 02:57 PM
Thats what I did and it dint work (there was a covering letter stating to use the earlier priority date. I am not sure if they (my idiotic lawyers) explain why and how the priority date can be applied. Anyway they are asking $1000 to add a letter

Here is the answer from USCIS

The USCIS rejected your I-485 application with the following reason:

Your I-485 Application is being returned because it must be demonstrated from the priority date of your approved I-140 that there is a visa available for you from your home counrty. Please provide evidence that your priority date does have visas available for your home country when you resubmit your application

GotGC??
01-16-2007, 03:08 PM
I think the covering letter thingy works when you are applying for your second I-140 and asking to port the PD from your previously approved I-140.

While applying for your AOS, the PD on the submitted I-140 should be current for the EB-category.

This has been my understanding from based on various posts with successful PD transfer and some other literature on this issue. That does not mean that you can not do what you are suggesting below, but I'd like to see some references :)

File for 485 with the second approved 140 and attach a photocopy of first 140 approval.

The beneficiary name should be the same. It WILL work. Even if attorney does not know, ask her to go ahead and do this one. She has to write a little covering letter explaning about your PD.

GCBy3000
01-16-2007, 04:53 PM
YOu dont have to show your first 140 approval for the second 140 approval. When you file for 485, you have to attach both the 140 approvals with a covering letter. As long as both the 140 approvals has the same beneficiary name, this should not be problem.

I do not know what kind of attorney you have. He should be a really ***************. (MODERATOR NOTE: NO PEOPLE BASHING)))))))))))))))he is an immigration attorney atleast he should do some investigation on this for his curiosity. It is possible, I know but I do not know how to convince your attorney other than asking him to go to law school again.

I think the covering letter thingy works when you are applying for your second I-140 and asking to port the PD from your previously approved I-140.

While applying for your AOS, the PD on the submitted I-140 should be current for the EB-category.

This has been my understanding from based on various posts with successful PD transfer and some other literature on this issue. That does not mean that you can not do what you are suggesting below, but I'd like to see some references :)

GotGC??
01-16-2007, 05:13 PM
Before start the attorney-bashing, which seems to be favourite past time for obvious reasons, let's look at the facts:

This Murthy bulletin (http://www.murthy.com/news/n_nscins.html) shows that a previously approved I-140 is required before you can port the date to the new I-140.

Could you provide a reference to a similar memo that shows that you could file I-485 in a manner you have just mentioned.

If there is, it'd be a great benefit because you do not have to wait for the approval of your second I-140 before applying for I-485. If not, there is no point bashing the hapless attorneys :)

YOu dont have to show your first 140 approval for the second 140 approval. When you file for 485, you have to attach both the 140 approvals with a covering letter. As long as both the 140 approvals has the same beneficiary name, this should not be problem.

I do not know what kind of attorney you have. He should be a really dumb guy out in his batch. If he is an immigration attorney atleast he should do some investigation on this for his curiosity. It is possible, I know but I do not know how to convince your attorney other than asking him to go to law school again.

soppari
01-18-2007, 04:41 PM
Hi All,

I am sure someone may asked the same question earlier,I am sorry to ask again.

I have Approvel LC and I-140 ( EB3 ). Can I apply for EB2 under perm process and get my EB3 PD.

Should we need keep Job Title and Wage same as in EB3 or it can be changed? If changed when porting the date will it going to be problem.

Can someone please let me know.

Thanks

gcpool
01-18-2007, 04:43 PM
I have read this is possible

virginia_desi
01-18-2007, 05:10 PM
Hi All,

I am sure someone may asked the same question earlier,I am sorry to ask again.

I have Approvel LC and I-140 ( EB3 ). Can I apply for EB2 under perm process and get my EB3 PD.

Should we need keep Job Title and Wage same as in EB3 or it can be changed? If changed when porting the date will it going to be problem.

Can someone please let me know.

Thanks

The only way you can now apply for EB2 PERM (assuming you are in the orignal job) is if the orignal application was mistakingly filed as EB3 even though you met the criteria for EB2 back then. You can't count job experience or Masters you may have earned over time in your current job to qualify for an EB2. But if you have changed your job profile (more than 50%), and/or employer than there is a potential of a new EB2 application. Again consult your lawyer for more details.

soppari
01-18-2007, 05:54 PM
Thank you for the info.
It was mistakenly filed EB3. I have my Master ( MCA, 1999) which were not used for filing at the first time. I am with same employer, Initially applied as a Software Developer and now I am Web Admin (same Technology j2ee).

RajForGC
01-24-2007, 09:38 AM
My Employer finally convienced that they are going start new EB2 case on little different and higher position that previously approved EB3 which is already approved last year and my I-140 is also approved. I talked with lawyer he is saying that we might have to withdraw previously approved PERM and I-140 inorder to file new PERM under EB2, I was thinking if this is new position then we don't need to withdraw? Please let me what do you guys think, I am from Other countires which is "C" on EB2 catagory. Please any advice will be helpful to me.
Thanks
Raj

cr52401
01-24-2007, 10:49 PM
I have PERM approved amd I140 with PD of Oct 2003. I am thinking to do the same and my employer is ok but my attorny told me I can because same company can just apply one time with PERM for the same person. Are you sure you can withdrow? What abou the risk?


My Employer finally convienced that they are going start new EB2 case on little different and higher position that previously approved EB3 which is already approved last year and my I-140 is also approved. I talked with lawyer he is saying that we might have to withdraw previously approved PERM and I-140 inorder to file new PERM under EB2, I was thinking if this is new position then we don't need to withdraw? Please let me what do you guys think, I am from Other countires which is "C" on EB2 catagory. Please any advice will be helpful to me.
Thanks
Raj

RajForGC
01-25-2007, 08:48 AM
Hi- Talked with Lawyer again he is saying if the Job Title and Description is different then we should be fine, he said he had done similar cases, but my research says sometimes DOL just Denied the Application and Employer has to appeal for it, I am bit confuse what to do. Lets research on this Issue and inform each other.
Thanks

abhi_arora
01-25-2007, 07:19 PM
Hi,

My I140 is approved under EB3 catagory from pre-approved labor and I want to port my EB3 priority date to EB2. My employer won't do this for me. So I'm looking for other pre-approved labor EB2 other option I have to file for fresh LC then I140 with old copy of I140 approval(I have that one) but i don't have copy of labor approval which i believe i don't need.

Now there are two scenario:

1. Pre-approved labor EB2:
a. do I have to have qualification as stated under EB2 labor or I'm fine with my b'lore + 8 year work ex?
b. does any thing in profile needs to be common in both the labor i.e. EB2/EB3 or no relation is needed as both are different classification?
c. any other precaution if you think I need to take or risk involve in this?

2. File fresh Labor under EB2:

a. First thing I believe I'm eligible for EB2 as I'm BE + 8 years of work ex?
b. Do I need to make any thing in common with EB3 labor application as I have to port date of EB3 labor to this EB2 labor?
c. What if mean while my employer cancel my I140.

Note: I can't trust on my current employer as he shown me some other labor i.e. 2001 priority date and gave me sept 2002 date.

Lights on this case would appreciated as many falls under same scenario and sure where to go...

Thanks