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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 07-05-2007, 03:19 PM
CCC CCC is offline
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Default Question regarding Porting I-140 to another company

Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?

I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

Thanks in advance.
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  #2 (permalink)  
Old 07-05-2007, 04:05 PM
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Priority Date
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Nov-04
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Default I-140 can not be ported

I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
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  #3 (permalink)  
Old 07-05-2007, 04:09 PM
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Default

Quote:
Originally Posted by CCC
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?

I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

To be on the safe side, it doesnt hurt to file a new labor and port your PD.
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  #4 (permalink)  
Old 07-05-2007, 07:33 PM
CCC CCC is offline
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Default So how do i get a copy of the I-140

First off, thanks for the response guys.

So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
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  #5 (permalink)  
Old 07-05-2007, 07:36 PM
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Default

Quote:
Originally Posted by CCC
First off, thanks for the response guys.

So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
__________________
Jun-07, EB2, India
One time contributions: $1,000
MOnthly Contrib = $50.
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  #6 (permalink)  
Old 07-05-2007, 08:53 PM
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Default Company did not provide letter

My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.
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  #7 (permalink)  
Old 07-05-2007, 09:35 PM
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Default

Quote:
Originally Posted by gc4me
My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
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  #8 (permalink)  
Old 07-05-2007, 09:40 PM
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Priority Date
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Jun-06
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07/02/2007
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Quote:
Originally Posted by dilbert_cal
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.

Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .
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  #9 (permalink)  
Old 07-05-2007, 09:45 PM
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Default

I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.

Quote:
Originally Posted by dilbert_cal
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
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  #10 (permalink)  
Old 07-05-2007, 10:02 PM
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Priority Date
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Apr-04
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I140 Mailed Date
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Default Sos !!!

Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?
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  #11 (permalink)  
Old 07-12-2007, 06:33 PM
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tsarun11 is on a distinguished road
Default

I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.

If I wish to change companies, how do I proceed - Is there a circumvent process?
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  #12 (permalink)  
Old 07-12-2007, 07:29 PM
Junior Member
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Thumbs down disgusting

fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks

clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
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  #13 (permalink)  
Old 07-12-2007, 07:58 PM
Senior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/02/2007
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Join Date: Mar 2007
Posts: 481
royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts royus77 is infamous around these parts
Default

Quote:
Originally Posted by justsomeguy
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks

clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!

You are trying to fight against Business Lobby ...It wont work
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  #14 (permalink)  
Old 07-12-2007, 11:00 PM
Junior Member
Priority Date
:
N/A
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I140 Mailed Date
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India
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:
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Join Date: Jul 2007
Posts: 18
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Default not easy

who said it was easy - all im saying is, the PD portability law becomes contradictory when there's no law to prevent employers from withholding I-140 or labor approvals.
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  #15 (permalink)  
Old 07-12-2007, 11:17 PM
Amy Amy is offline
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Default How about if the old employer revoke I-140 after you leave?

I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!

Quote:
Originally Posted by vikki76
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.

Last edited by Amy; 07-13-2007 at 12:49 AM.
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