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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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  #1 (permalink)  
Old 08-02-2007, 11:54 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
Compare
Join Date: Jun 2006
Posts: 34
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Default Multiple I140s

I filed my I140+I485 last week through my current employer(Priority Date - Dec 2006). Yesterday my previous employer called me and said that the labor he applied for me got cleared(Priority Date - Dec 2004).

My question is, with my current applications pending, can I file another set of I140+I485 through my previous employer to make use of earlier priority date? My attorney suggested not to do that since it might prove fraud intention.

I'll appreciate your suggestions. Thanks!

Feroz.
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  #2 (permalink)  
Old 08-02-2007, 10:36 PM
Junior Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
China
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 9
korient is on a distinguished road
Default

No you can't use the old LC, you can only use your old LC if the corresponding 140 is approved and not invoked from your old employer.
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  #3 (permalink)  
Old 08-03-2007, 12:37 AM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
04/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/05/2007
Compare
Join Date: May 2006
Posts: 84
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Default

Quote:
Originally Posted by ferozmd
I filed my I140+I485 last week through my current employer(Priority Date - Dec 2006). Yesterday my previous employer called me and said that the labor he applied for me got cleared(Priority Date - Dec 2004).

My question is, with my current applications pending, can I file another set of I140+I485 through my previous employer to make use of earlier priority date? My attorney suggested not to do that since it might prove fraud intention.

I'll appreciate your suggestions. Thanks!

Feroz.
Multiple I-140s allowed but multiple I-485 is not recommended.

I am in a similar situation but both LC with the same employer(BEC & PERM). Based on some research & also reading on couple of forums what I learned is that you can ask your previous employer to file I140(PD Dec 2004) & wait for approval. Later down the line when PD Dec 2004 for your country becomes current you can request porting(I can't recall the exact term lawyers use) of older PD for your pending AOS.

At the porting stage you don't have to be with your previous employer. As long as you have the copy of I 140(Dec 2004) you can request porting. Also both I 140 can be in different EB category. Hope this helps.

Please confirm with you lawyer about this option before taking any decisions

Last edited by FrankZulu; 08-03-2007 at 12:40 AM.
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  #4 (permalink)  
Old 08-03-2007, 09:15 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
Compare
Join Date: Jun 2006
Posts: 34
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Default

This is what my attorney said - When you file I-140 you faithfully intend to join the company once GC is approved. Now that I filed I140+485 with my current employer, if I again file I140 with my previous employer as well(intending to join that company after GC approval), it proves fraud intention.

I found the following on Murthy... it talks about filing multiple I140s with the same employer.. but the same rule applies with different employers as well.

Attorney Murthy : There is no legal prohibition for a person to file more than one I-140 petition, but the employer must have a bona fide job that the employee intends to fulfill and work on for that employer with the specific job title and duties. So the bona fide, good-faith intent of the parties may be questioned if a person claims to work in two different positions, both signed under oath, for the same employer
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  #5 (permalink)  
Old 08-03-2007, 09:23 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default

I'm also in similar situtation. My current company applied 140 + 485 on a substituted labor. Meanwhile my orginal LC from the same company came through recently from P-BEC. We are filing another I-140 based on this.

I spoke with one of Murthy's attorneys and they told me you can interfile the 485 with second I-140 anytime ( PD need not to be current eventhough that is the wide spread belief).
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  #6 (permalink)  
Old 08-03-2007, 09:32 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
Compare
Join Date: Jun 2006
Posts: 34
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Default

STAmisha,

Yes, you are correct, you can interfile to take advantage of the oldest priority date - this is possible when both the cases are filed by the same company.

Good Luck!
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  #7 (permalink)  
Old 08-03-2007, 11:10 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default

My case is different. The PD of m y substituted labor is earlier. But I still want to use my own labor because, once I-140 premium is restored, I can interfile 2nd I-140 with existing 485 (and will withdraw 1st I-140) and put my I-140 in Premium
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  #8 (permalink)  
Old 08-03-2007, 04:10 PM
Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 77
wahwah can only hope to improve
Default

premium processing for I-140 is most likely not coming back.
Quote:
Originally Posted by STAmisha
My case is different. The PD of m y substituted labor is earlier. But I still want to use my own labor because, once I-140 premium is restored, I can interfile 2nd I-140 with existing 485 (and will withdraw 1st I-140) and put my I-140 in Premium
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  #9 (permalink)  
Old 08-07-2007, 03:09 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
Compare
Join Date: Apr 2007
Posts: 37
everonh1 has a spectacular aura about everonh1 has a spectacular aura about
Default

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?
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  #10 (permalink)  
Old 08-07-2007, 01:49 PM
Member
Priority Date
:
Feb-04
Category
:
EB2
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Jan 2007
Posts: 88
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Default what to do?

I filed AOS based on my previously approved I-140 with a different employer. Now my PERM case with the current employer is approved. Can I file another I-140 and AOS? There is conflicting opinion on all of this? Has anyone done this though?
__________________
" You see things; and you say 'Why?' But I dream things that never were; and I say 'Why not?'" --- George Bernard Shaw
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  #11 (permalink)  
Old 08-07-2007, 01:52 PM
Member
Priority Date
:
Feb-04
Category
:
EB2
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Jan 2007
Posts: 88
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Default

Quote:
Originally Posted by dagabaaj View Post
I filed AOS based on my previously approved I-140 with a different employer. Now my PERM case with the current employer is approved. Can I file another I-140 and AOS? There is conflicting opinion on all of this? Has anyone done this though?
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"
__________________
" You see things; and you say 'Why?' But I dream things that never were; and I say 'Why not?'" --- George Bernard Shaw
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  #12 (permalink)  
Old 08-07-2007, 02:34 PM
Senior Member
Priority Date
:
Apr-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Cameroon
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 102
greencardvow is on a distinguished road
Default

Please search the forum for multiple filing. This topic has been covered multiple times.

Quote:
Originally Posted by ferozmd View Post
I filed my I140+I485 last week through my current employer(Priority Date - Dec 2006). Yesterday my previous employer called me and said that the labor he applied for me got cleared(Priority Date - Dec 2004).

My question is, with my current applications pending, can I file another set of I140+I485 through my previous employer to make use of earlier priority date? My attorney suggested not to do that since it might prove fraud intention.

I'll appreciate your suggestions. Thanks!

Feroz.
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  #13 (permalink)  
Old 08-07-2007, 03:09 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
Compare
Join Date: Jun 2006
Posts: 34
ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of ferozmd has much to be proud of
Default

dagabaaj,
That's exactly what my attorney said - word to word!
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  #14 (permalink)  
Old 08-07-2007, 04:00 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
Compare
Join Date: Jul 2007
Posts: 17
laborday is on a distinguished road
Default multiple 140 but one 485

Is there same risk if somebody has multiple 140 but just one 485 filed?
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  #15 (permalink)  
Old 08-07-2007, 04:06 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
Compare
Join Date: Jan 2006
Posts: 342
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Default

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.
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