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obviously
08-04-2008, 12:05 PM
Hi, can someone help crack this puzzle?

I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

Now, he just called saying he is confused and not sure!

His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

Appreciate any inputs!

Cheers!
________
Glass Weed Pipe (http://glasspipes.net/)

desi3933
08-04-2008, 12:14 PM
Hi, can someone help crack this puzzle?

I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

Now, he just called saying he is confused and not sure!

His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

Appreciate any inputs!

Cheers!

>> could port the priority dates from the EB3 to EB2 and interfile.
Correct. You should be able to claim EB-2 with PD Nov 2002.

Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.

_____________________________
Not a legal advice.
US Permanent Resident since 2002

raysaikat
08-04-2008, 12:36 PM
Hi, can someone help crack this puzzle?

I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

Now, he just called saying he is confused and not sure!

His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

Appreciate any inputs!

Cheers!

IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).

obviously
08-04-2008, 12:45 PM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)

1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?

2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?

Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

Appreciate any responses or assistance!!!!

Cheers!

I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

(e) Retention of section 203(b)(1), (2), or (3) priority date. --

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
________
Colorado Dispensary (http://colorado.dispensaries.org/)

gcdreamer05
08-04-2008, 12:50 PM
Does your new I-140 have the old PD printed on it ?

If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...

Please do let us know what happened after you know the information from M team.

She would recommend you to file another 485

obviously
08-04-2008, 12:54 PM
Yes, the new I-140 has the old EB3 PD on it.

So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?

What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?

Cheers!
________
ROLL BLUNTS (http://howtorollablunt.net/)

pointlesswait
08-04-2008, 12:58 PM
Obviously thansk for sharing!

my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!

but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..

obviously
08-04-2008, 01:08 PM
Thanks for sharing!

my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.

but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.

Whew, just when you think this darn thing will be over ... :D

Cheers!
________
Og kush seeds (http://marijuanaseeds.org/)

grupak
08-04-2008, 01:12 PM
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).

Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.

You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.