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dog123 01-11-2008 05:50 PM

Porting Priority date

My Priority date is May 02 2007.

I file 485 and 140 in August.

My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

Thank you,

dog123 01-11-2008 06:41 PM


dvb123 01-11-2008 11:10 PM

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 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.

dog123 01-11-2008 11:23 PM

Thank you

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