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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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Old 05-11-2016, 07:28 AM
Junior Member
Priority Date
:
Apr-07
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: May 2007
Posts: 9
H1BGCWait is on a distinguished road
Default Request 485 To Use Older Priority Date From 2nd I140

I am looking for some advice here.
I was with my previous employer when my green card process started. Here is the time line.

First I140 approved EB3 with priority date in April 2007.
Filed I485 with that in July 2007
Employer applied for second I140 using old labor.
Left employer after 180 days
In Dec 2008, second I140 based on old labor was approved with priority date Jan 2005.

Both I140s and I485 are under same A number. Since I485 was filed with first I140, will USCIS pick up the priority date from second I140 automatically. Am I eligible to use earlier PD from second I140 for pending I485. Should I send a letter to USCIS requesting them to use earlier priority date.

Thanks.
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