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  #1 (permalink)  
Old 05-20-2009, 11:07 PM
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Question Porting from EB3 to EB2

Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and donít need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?

Thanks.
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  #2 (permalink)  
Old 05-20-2009, 11:51 PM
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Quote:
Originally Posted by waitingmygc View Post
...........
Is it possible to have EB2 category and old priority date without refiling new I-140?
No. You need 2 (or more) approved I-140s to port PDs.


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  #3 (permalink)  
Old 05-21-2009, 01:09 AM
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The suggested method is to file a new I140 after the EB2 LC approval, along with the older I140 approval notice and a request letter quoting the related law and claiming the older priority date.

Never heard of amending an already approved I140 to a new LC.


Quote:
Originally Posted by waitingmygc View Post
Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and donít need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?

Thanks.
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  #4 (permalink)  
Old 05-21-2009, 01:48 AM
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Default Why need more than two, in what circumstances?

I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
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  #5 (permalink)  
Old 05-21-2009, 02:39 AM
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I believe he just meant to say "not possible with one 140".
He just mentioned it in a confusing way.

"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."

The petition mentioned here is an I140 for EB1/EB2/EB3.

So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).


Quote:
Originally Posted by waitingmygc View Post
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?

Last edited by morchu; 05-21-2009 at 11:31 AM.
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  #6 (permalink)  
Old 05-21-2009, 04:56 AM
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When your second I-140 under EB2 gets approved do you have to apply for a new I-485 ??
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  #7 (permalink)  
Old 05-21-2009, 08:40 AM
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My past post on this issue
http://immigrationvoice.org/forum/sh...1&postcount=11

Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450 (Port Priority Date)
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  #8 (permalink)  
Old 05-21-2009, 08:50 AM
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Quote:
Originally Posted by waitingmygc View Post
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
Example -

PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002

Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.

Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.

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  #9 (permalink)  
Old 05-21-2009, 11:52 AM
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Default Do I need to file I-824 for this?

HI!

I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

Some more :

Murhy.com has following:

"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

Please guide.

Regards,

Raj
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  #10 (permalink)  
Old 05-21-2009, 08:16 PM
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waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts waitingmygc is infamous around these parts
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Attorneys or Gurus please:

I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

2. Or itís compulsory to file new I-140 with EB2 and once I-140 after that amendment.

3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

Regards,
Raman
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  #11 (permalink)  
Old 05-21-2009, 11:39 PM
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1. No
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.

Quote:
Originally Posted by waitingmygc View Post
Attorneys or Gurus please:

I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

2. Or itís compulsory to file new I-140 with EB2 and once I-140 after that amendment.

3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

Regards,
Raman

Last edited by morchu; 05-21-2009 at 11:44 PM.
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