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  #1 (permalink)  
Old 06-22-2010, 06:59 PM
Junior Member
Priority Date
:
Aug-10
Category
:
EB2
I140 Mailed Date
:
10/27/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jan 2006
Posts: 17
laststraw will become famous soon enough laststraw will become famous soon enough
Default Porting Priority date after I485 is approved

Here are my case details

1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO

4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).

Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?

Any thoughts on this is appreciated.

Thanks,
laststraw
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  #2 (permalink)  
Old 06-22-2010, 07:45 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2006
Posts: 703
fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute
Default

The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.
__________________
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #3 (permalink)  
Old 06-23-2010, 02:47 PM
Junior Member
Priority Date
:
Aug-10
Category
:
EB2
I140 Mailed Date
:
10/27/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jan 2006
Posts: 17
laststraw will become famous soon enough laststraw will become famous soon enough
Default

Thanks fromnaija.

Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?

I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
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  #4 (permalink)  
Old 06-29-2010, 05:57 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2006
Posts: 703
fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute
Default

Quote:
Originally Posted by laststraw View Post
Thanks fromnaija.

Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?

I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
To reinstate the I-485 you will need to file a MTR - motion to reopen when the I-140 AAO appeal is approved.

There is not ime limit to asking that an earlier PD from an approved I-140 be accorded you when you file a new I-140 as long as the first I-140 is not rescinded for fraud.
__________________
----------------------
"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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