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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 11-15-2006, 12:06 PM
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Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default old EB3 labor previous Co. Approved

Hi All,

My Labor RIR EB3 (PD Sept 2003)- from previous company got approved. I have a PERM (EB2 - PD Nov 29, 2005) and I-140 approved from my current company.

Is it possible to use the PD of the old labor if it were to be current soon. I read some miracle for a person here which sounded similar.
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  #2 (permalink)  
Old 11-15-2006, 01:04 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
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Default

Quote:
Originally Posted by jonty_11
Hi All,

My Labor RIR EB3 (PD Sept 2003)- from previous company got approved. I have a PERM (EB2 - PD Nov 29, 2005) and I-140 approved from my current company.

Is it possible to use the PD of the old labor if it were to be current soon. I read some miracle for a person here which sounded similar.
I believe that before you can port the old PD you would need to have an I-140 approved based on that LC.
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  #3 (permalink)  
Old 11-15-2006, 01:13 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
08/07/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2006
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Default I-140 revised, with old approved labor

I thought so too till I got my I-140 revised, simply by faxing the approved labor to the Texas PP center. Neither my lawyer nor anyone else I talked to thought it would be possible.




Quote:
Originally Posted by fromnaija
I believe that before you can port the old PD you would need to have an I-140 approved based on that LC.
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  #4 (permalink)  
Old 11-15-2006, 01:18 PM
Senior Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Default

Quote:
Originally Posted by bluekayal
I thought so too till I got my I-140 revised, simply by faxing the approved labor to the Texas PP center. Neither my lawyer nor anyone else I talked to thought it would be possible.

Wonder if (porting the PD without approved without I-140 approval) it would work if I were with a new employer starting a new GC process. What do you think ?
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  #5 (permalink)  
Old 11-15-2006, 01:33 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
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Default

Quote:
Originally Posted by bluekayal
I thought so too till I got my I-140 revised, simply by faxing the approved labor to the Texas PP center. Neither my lawyer nor anyone else I talked to thought it would be possible.
But in bluekayal's case, he was with the same employer who applied the first LC. That's a big difference.
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  #6 (permalink)  
Old 11-15-2006, 01:37 PM
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Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Afghanistan
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:
N/A
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:
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Default if same employer

If it is the same employer, does that mean the job description should also be same for both the LCs?
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  #7 (permalink)  
Old 11-15-2006, 04:28 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
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Default

My lawyer has said that u need approved I140.....If my previous company agrees to file 140 for that old labor, I will have to pay for it. I think that can be done if Previous Company agrees. Not sure how they will have me pay the fees as I am not on their payroll..

If indeed I get an approved I140 from previous Copmany, even though I do not work there any more , can I use taht to port the OLD PD (EB3) to the new application (EB2)
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  #8 (permalink)  
Old 11-15-2006, 05:29 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light
Default

can this be done?

Have old Company file for I140, and I pay for it?

and

Once old i140 is approved, I port PD to my new application with New company, where I already have i140 approved?
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  #9 (permalink)  
Old 11-15-2006, 05:32 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
12-12-2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12-12-2004
Compare
Join Date: Oct 2006
Posts: 80
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Default Please see text below.

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 sub-sequently 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 for which the alien may qualify. the alien shall be entitled to the ear-liest 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.
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  #10 (permalink)  
Old 11-16-2006, 12:17 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
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Default

But is it a Labor petition or a I-140 petition its talking abt here.?
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