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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 11-27-2007, 11:44 AM
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Priority Date
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subba will become famous soon enough subba will become famous soon enough
Default priority date porting and AC21 -dilemma

Here is my situation....
APplied for I-485 on July 2nd with a (PERM based) PD of Dec 2005.

In July my BEC labor (PD Nov 2004) got approved and we applied for a new I140 on August 1st.

I am quite unhappy with my job and am considering invoking AC21 if I find a better opportunity. I am wondering if i should hold off till the I140 gets approved, and I can interfile to get the earlier PD (not sure how long that process takes).

Any inputs/thoughts?
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  #2 (permalink)  
Old 11-27-2007, 12:12 PM
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Jun-01
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canmt is infamous around these parts canmt is infamous around these parts
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Quote:
Originally Posted by subba View Post
Here is my situation....
APplied for I-485 on July 2nd with a (PERM based) PD of Dec 2005.

In July my BEC labor (PD Nov 2004) got approved and we applied for a new I140 on August 1st.

I am quite unhappy with my job and am considering invoking AC21 if I find a better opportunity. I am wondering if i should hold off till the I140 gets approved, and I can interfile to get the earlier PD (not sure how long that process takes).

Any inputs/thoughts?
You are thinking right. Could you explain the category of your labor certifications EB1, EB2, EB3 etc? If you labor certifications belong to same category, I think the benefits outweigh the confusions you might cause and subsequent processing delays (my few cents). Although a beneficiary of multiple I-140 is entitled the earliest priority date as per law I’m not aware of porting the priority dates once I-485 is filed. Weigh in the money and time involved for the process. All you will gain is to get ahead in the PD's queue by 1 year. Good luck on your green card.

Last edited by canmt; 11-27-2007 at 12:17 PM.
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  #3 (permalink)  
Old 11-27-2007, 01:37 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 141
subba will become famous soon enough subba will become famous soon enough
Default

Both the labor certifications are for EB2, and I am India.
I guess there is two parts to this issue I am trying to figure out
1) How complicated/straightforward is this interfiling?
2) In the current retrogression climate, is it worth the pain to get the earlier PD.

Quote:
Originally Posted by canmt View Post
You are thinking right. Could you explain the category of your labor certifications EB1, EB2, EB3 etc? If you labor certifications belong to same category, I think the benefits outweigh the confusions you might cause and subsequent processing delays (my few cents). Although a beneficiary of multiple I-140 is entitled the earliest priority date as per law Iím not aware of porting the priority dates once I-485 is filed. Weigh in the money and time involved for the process. All you will gain is to get ahead in the PD's queue by 1 year. Good luck on your green card.
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  #4 (permalink)  
Old 11-30-2007, 03:11 PM
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Priority Date
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Jan-04
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Default Ac21 and Interfiling

My question is related to interfiling and it's affect to use Ac21 after 180 days of I-485 and it is till pending

Filled an I-485 on June,08, 2007 with pre-approved EB3 I-140 PD Jan 2004.

Filled interfile I-140 for EB2 in August 15 2007 requesting to substitute I-485 's current EB3 I-140 to EB2 I-140.

It has been amost 180 days since the file of I-485, and EB3 I-140 is approved means one can benefit from AC21 and change employee in case if one owants to.

But the question is I-140 EB2 interfile is NOT approved yet and one has no idea about weather the I-485 's current EB3 I-140 is substituted to new EB2 I-140 so what experts says about using AC21 ro change the job

Do they substitute I-485 's current I-140(Eb3) to I-140(EB2) upon successful approval of I-140(EB2) or this substitution can be done prior.

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