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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #16 (permalink)  
Old 08-07-2007, 04:07 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/05/2007
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Posts: 342
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None whatsoever.
Quote:
Originally Posted by laborday View Post
Is there same risk if somebody has multiple 140 but just one 485 filed?
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  #17 (permalink)  
Old 08-07-2007, 04:19 PM
Junior Member
Priority Date
:
Jul-03
Category
:
EB2
I140 Mailed Date
:
11/16/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/12/2007
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Posts: 17
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Default 140 validity period

Is there a validity period of approved I-140?
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  #18 (permalink)  
Old 08-07-2007, 04:19 PM
Junior Member
Priority Date
:
Jul-03
Category
:
EB2
I140 Mailed Date
:
11/16/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/12/2007
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Posts: 17
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Default

Quote:
Originally Posted by Canadian_Dream View Post
None whatsoever.
thank you.
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  #19 (permalink)  
Old 08-10-2007, 02:38 AM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
04/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Apr 2007
Posts: 37
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Default

Quote:
Originally Posted by everonh1 View Post
I am also in same boat.Filed I-485 with current Employer-I-140 already approved-2006 PD.
BEC Labor filed with previous employer also got approved- had 2004 PD.
2 Qs:-
1. Is it legal to file a 2nd I-140 with previous employer,although I dont intend to file a new I-485 for that one. I just was thinking if I can take advantage of early PD somehow?
2. Say if you can file a 2nd I-140 and it gets approved,can I port the PD for current I485 ? Usual situation is you have a Labor approved with old Company and also got your I-140 approved,but never filed I-485 and you joined new Company and filed I-485 through him.In this case,you can port the PD since I-140 approval date(of old PD labor) is less than I-485 application date(with new PD Labor)
If I-140 approval date(of old PD Labor) is greater than I-485 application (with new PD Labor) date,is it possible to do PD porting?

Guys,
any answer to my specific case above?

Thanks in advance
everonh1
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  #20 (permalink)  
Old 08-10-2007, 09:10 AM
Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
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Join Date: Jun 2006
Posts: 34
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everonh1,

I spoke to one more attorney and he said the same - NOT to apply for another I140

Feroz.
__________________
A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. -- Winston Churchill
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  #21 (permalink)  
Old 08-11-2007, 11:15 AM
Member
Priority Date
:
N/A
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
Afghanistan
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/04/2007
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Join Date: Jul 2007
Posts: 49
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Default

Quote:
Originally Posted by dagabaaj View Post
by the way the current company lawyers advice is as follows:
" The inconsistency is that one cannot intend to take up two different full-time permanent positions upon receipt of the alien resident card. Having two such applications on file raises the possibility that USCIS can argue that the applicant misrepresented intentions in at least one of the applications and could, in the worst-case scenario, lead to the denial of both applications"
mmm well said. This is exactly what my lawyers said as well
__________________
BLIB (Blessing&Lifeisbeautiful).
Disclaimer: My advice is not professional advice. Pls consult an attorney.
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  #22 (permalink)  
Old 08-17-2007, 06:52 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2007
Posts: 192
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Default

I searched this forum and couldn't find specific answer to my queries.
Status:
I have copy of approved labor from my employer A.
Company A is filing for my I-140 later this week.
However, recently I came to know that I wasn't given increment like my other colleagues just because my Company A filed for my GC and not for others. I am not ready to live with this for next 6-8 years. I have decided to join Company B offering good remuneration.
My questions are
1. If I wait till Company A files for my I-140, I receive my receipt # and then move to Company B, Will I be able to port my priority date from Company A to my new Application with Company B?
2. Can company A revoke my I-140 as soon as I leave them while I-140 is in process?
3. Knowing that they wouldn't give me the copy when it's approved, I would like to know if I can get it using the receipt number or use online copy whenever it gets approved?

If none of the above works, Can I file I-140 through some other company B using PERM Approved labor of company A?
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  #23 (permalink)  
Old 08-17-2007, 09:56 PM
Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
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Join Date: Jun 2006
Posts: 34
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ndbhatt,

1. You won't be able to port your priority date just with the receipt #, you will need an approved I140.
2. Yes, your company CAN revoke the pending I140, if they want to.

You need the approved labor from the same company which is applying your I140.

Good Luck!
__________________
A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. -- Winston Churchill
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  #24 (permalink)  
Old 08-18-2007, 11:13 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2007
Posts: 192
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Smile I better hang on

Quote:
Originally Posted by ferozmd View Post
ndbhatt,

1. You won't be able to port your priority date just with the receipt #, you will need an approved I140.
2. Yes, your company CAN revoke the pending I140, if they want to.

You need the approved labor from the same company which is applying your I140.

Good Luck!
Thank you for your reply. I think I better hang on for a while till my I-140 gets approved.
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  #25 (permalink)  
Old 08-19-2007, 12:58 AM
Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2007
Posts: 39
john2255 will become famous soon enough
Default

Another option would be file I-140 with previous employer and opt for consular processing. There is absolutely no problem with filing multiple I-140. Use the premium processing when it is available.
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  #26 (permalink)  
Old 08-19-2007, 05:25 AM
Junior Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
05/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06-30-2007
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Join Date: May 2006
Posts: 19
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Default Changing EB3 to EB2 after filling I485

My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
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  #27 (permalink)  
Old 08-19-2007, 09:24 AM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
03/06/2008
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Join Date: Aug 2006
Posts: 155
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Default Its possible to do so

Its been done before if I-485 is not filed.

If you have two I-140 approved. Its possible to file I-485 across categories.

Last edited by gcpool; 08-19-2007 at 09:28 AM.
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  #28 (permalink)  
Old 08-28-2007, 12:15 PM
Junior Member
Priority Date
:
Jul-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Aug 2007
Posts: 1
hoho is on a distinguished road
Default Should I file the 2nd I-140 ?

Here is my situation:

1. Company A (current Employer): EB2 LCA with PD July 2004, approved from PBEC, and ready to file I-140.

2. Company B: EB2 LCA with PD Jan 2006 approved under PERM. I-140 approved just today. I-485 was filed using Company B's pending I-140 before August 17th, 2007.

Should I file I-140 with Company A so that I can use the earlier PD of July 2004, when Company A's I-140 gets approved ? Can that be done ?

I am not yet working for Company B.

Some people in this forum have written that it could be considered intent of fraud, since I cannot work fulltime for both companies A and B simultaneously, or could one say that the intent is of using the earlier PD ?

Thanks a lot in advance.
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  #29 (permalink)  
Old 09-20-2007, 10:06 PM
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 237
apahilaj will become famous soon enough
Default need some advice

Quote:
Originally Posted by Canadian_Dream View Post
There is nothing wrong with two I-140/I-485 from the same employer as long as you fully disclose the existence of the other application and valid reason and predicament of the second filing.
Make sure you have a very good reason for doing it. One of the reasons could be uncertainty about I-140 approval or a better priority date or dates become current after filing the first one or imminent retrogression or upcoming immigration related legislation that could nullify your already approved I-140 filed after a specific cut-off date (May 17). Whatever it may be you MUST fully disclose it. Also you MUST withdraw one of the application as soon as your I-140 is approved.

Filing two I-140 from two different employer is completely acceptable as long as you file ONLY one I-485 with one of the employers (preferably current employer). If you file two then yes it does lead confusion regarding your intent to work with sponsoring employer.

My two cents: If you have two labors (BEC/PERM) from same employer with different priority dates spaced apart and you have one approved I-140 and one pending there is nothing wrong with two I-485 as long as you fully disclose the predicament and withdraw one of the applications upon I-140 approval. This is not willful violation or fraud as you have clearly disclosed the intent and you have a valid predicament. Also, unless you have a very valid reason for doing two application try to avoid it as it will definitely delay and complicate your case.
Hello,

I am in a similar situation with regards to multipe I 140s. My first 140 got approved and in between I had applied for second 140 (same EB category, same Labor certification) since the first one was about to be denied. Eventually the first 140 got approved and I filed my 485 on the basis of that. Now after 8 months of my second 140 application, USCIS is sending me RFE on it. Can I just inform USCIS that they can close this second application since I already have my first one approved?

Any light you can shed on this issue would be greatly appreciated.

Thanks.
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  #30 (permalink)  
Old 09-21-2007, 01:03 PM
Junior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Sep 2007
Posts: 6
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Default Filing another 140 when my original 140 and 485 is pending

My case: Filed my 140 in march 2007 and 485 in Aug 2007. Both of them are pending. Filed 140 using a EB3 sub labor. Now I got my original EB2 labor approved from BEC. I have the following question now,

1) Can I file another new 140 from the same employer, when an old 140 is PENDING (my 485 is also pending)? I need to do this to avoid any 140 rejection as I have used sub labor.

2) Can i wait till my first 140 approval and then file the next 140 and do a interfiling on 485?

3) Is there any expiration date on approved labor, since the labor sub. is eliminated now and recent change in labor law? To be more clear, if we dont apply for 140 after a labor approval, will the labor expire? If it expires when or how long?

Advance thanks for your info.
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