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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 05-15-2006, 01:57 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 14
g2wantsgc is on a distinguished road
Default Using previous approved I-140

My I-140 with my current employer was approved in January. Since I am in Eb3 category with PD of Aug 2002, I am sitting on my butt. I have some hope though. Before this company, I-140 was approved through a previous employer with PD of July 99. Can I use this PD to file for my I-485?

I have heard from lot of people including my attorney that this is not slam-dunk especalluy if the previous employer went bancrupt and closed its doors. What do you folks think?

Will it be safe to apply for I-485 using the PD from my previous employer's I140?

Please use your best resources to answer this question. I need your help.
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  #2 (permalink)  
Old 05-15-2006, 04:13 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
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Join Date: Feb 2006
Posts: 7
arbit007 is on a distinguished road
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You must have 2 approved I-140'S in order top be able to switch priority dates.(Your previous approved i-140 should not have been revoked)
If this is the case (and it appears to be so) you shoudl be fine.
Contact a good lawyer so that you get good professional assistance.
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  #3 (permalink)  
Old 05-15-2006, 04:38 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 14
g2wantsgc is on a distinguished road
Default

Thanks.

I have my current approved I-140 and previous approved I-140 from a previous employer who doesn't exist anymore.

So according to you the previous employer's I-140 should not have been revoked. How do I know this whether it was revoked or not? Is this the final condition on previous I-140?
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  #4 (permalink)  
Old 05-15-2006, 05:55 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 342
gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about
Default

If the employer doesnt exist , the I-140 approval doesnt exist too.
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  #5 (permalink)  
Old 05-15-2006, 06:07 PM
Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
06/06/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/10/2007
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Join Date: Apr 2006
Posts: 28
virens is on a distinguished road
Default

My question isn't necessarily linked with using previous approved I-140.

I want to know if the new bill in senate( whichever that is, CIR and/or some other pending bill) has the clause which allows for I-485 filing if you have an approved I140 ? I know it was there in the December bill that did not go through.

Basically I want to know, if the current bill/bills pass and become a law, will we be able to file I-485 with an approved I-140, for the purpose of getting an EAD ?
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  #6 (permalink)  
Old 05-15-2006, 06:32 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 7
arbit007 is on a distinguished road
Default

Once the I-140 IS APPROVED, PD belongs to you *even if the employer goes out of business*.
Sometimes employer may elect to revoke approved I-140 (generally if you left on bad terms) or USCIS may revoke it any time if its a case of fraud.

{In your case both scenarios look unlikely}

You can find out if its revoked or not by contacting the lawyer who handled it or maybe HR from previous company or USCIS itself .

whether the ex employer is in business or not is irrelevant to this discussion, because you are using the previous I-140 only to obtain older priority date and not as the basis for your current 485 APPROVAL.

I suggest that you pursue this aggressively with your lawyer, so that you can take advantage of a great opportunity in this era of retrogression
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  #7 (permalink)  
Old 05-17-2006, 12:37 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Jan 2006
Posts: 350
mrajatish will become famous soon enough mrajatish will become famous soon enough
Default

Are you sure about the
"YOu can use the PD no matter what".

I have been hearing totally diff. version from other lawyers.
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  #8 (permalink)  
Old 05-18-2006, 11:48 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 350
mrajatish will become famous soon enough mrajatish will become famous soon enough
Default

The risk that a very reputed lawyer told me:

Company revokes 140 for labor sub, and you file a new 140 with old PD. It is within USCIS discretion to do whatever they want and chances are they will interpret law their way, especially when they see people moving from EB3 to Eb2 and then refus PD transfer.

In short, depending on someone in USCIS to interpret the law is very dangerous. Unless you or your company is willing to pay the lawyers thousands of dollars, and fight it out if they do not transfer PD, I would just stay put and wait for my PD.

Infact, if they do away with labor sub, you will be pretty safe to do this as employer will not have any reason (other than being malicious) to revoke 140.
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