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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 11-28-2007, 12:23 AM
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Default How to find out the status of interfiling

I know, this has been discussed in forums quite a few times but I do not recall any concrete answer. In a nutshell, my case is like this: I filed 485 and EAD with I-140 approved (EB3, PD April 2004) on July 24th. In the mean time, I received another I-140 with EB2 with same PD of April 2004. I specifically asked for PD porting while applying 140 and got it done successfully. My lawyer interfiled my EB2 I-140 on my existing 485 around a month ago but he told me that I should not expect any written confirmation of the interfiling. I was just wondering how can I check whether they have updated my 485 file with new EB2 from previous EB3. Will calling USCIS or taking Infopass help me in this case ? Did any body do this before ?
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  #2 (permalink)  
Old 11-28-2007, 01:27 AM
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I just happened to read the original Pearson Memo. It clearly states

Can the adjustment application basaed on an approved immigrant petition (either I-130 or I-140) with a current priority date be transferred to a subsequent immigrant petition that is approved with a current priority date? In many instances, the answer is yes ...

it then goes on to say

However, a priority date may not be transferred to another preference category.

The memo makes it clear - you cannot change an EB-3 AOS to EB-2.
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  #3 (permalink)  
Old 11-28-2007, 12:30 PM
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Quote:
Originally Posted by humdesi View Post
I just happened to read the original Pearson Memo. It clearly states

Can the adjustment application basaed on an approved immigrant petition (either I-130 or I-140) with a current priority date be transferred to a subsequent immigrant petition that is approved with a current priority date? In many instances, the answer is yes ...

it then goes on to say

However, a priority date may not be transferred to another preference category.

The memo makes it clear - you cannot change an EB-3 AOS to EB-2.
I have seen lots of ppl discussing it in the forums. Does anybody know about this ?
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  #4 (permalink)  
Old 11-28-2007, 12:33 PM
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stuckinretro is infamous around these parts
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There is no clear policy on Interfiling existing 485s with new 140. INS does not send out any confirmation that applications have been interfiled. If interfiling is sucessful, the only thing that you would get is an 485 approval.


Quote:
Originally Posted by pd_recapturing View Post
I have seen lots of ppl discussing it in the forums. Does anybody know about this ?
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  #5 (permalink)  
Old 11-28-2007, 01:46 PM
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Quote:
Originally Posted by pd_recapturing View Post
I have seen lots of ppl discussing it in the forums. Does anybody know about this ?
Thats natural ,people would try to jump the EB3 line since it is backlogged and EB2 was better placed till dec visa bulletin came out. Now very few people are talking about it otherwise there was a thread everyday people trying to beat out the long wait. I think a vast majority of the people who filed in EB3 were applying for interfiling ,anything which is done excess is seen as a loophole ( for eg Labor Subsitution). The fact is nobody knows for sure whats the percentage of interfiling is successful as the immgrations laws are complex and a uniform scale cannot be applied in all cases . I am having a hunch with the number of intefiling cases going up there will soon stricter laws for this on top of the complexity of current laws and the black hole information about the interfiling results are know only when the 485 is approved.
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  #6 (permalink)  
Old 11-28-2007, 02:02 PM
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I do not think that there is any thing unethical in this. This is not like sub LC where one buys somebody else's labor and breaks the line. In case of interfiling, you are reapplying everything from scratch and trying to retain YOUR priority date. There might be so many constraints like money, comp not willing to do it or complexity that prevent ppl doing this NOT becuase of unethical reasons.
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  #7 (permalink)  
Old 11-28-2007, 02:57 PM
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Quote:
Originally Posted by pd_recapturing View Post
I do not think that there is any thing unethical in this. This is not like sub LC where one buys somebody else's labor and breaks the line. In case of interfiling, you are reapplying everything from scratch and trying to retain YOUR priority date. There might be so many constraints like money, comp not willing to do it or complexity that prevent ppl doing this NOT becuase of unethical reasons.
I agree. There are so many legitimate cases. And you are doing all the steps again. Interfiling only reduces amount of work for every one. If you take the example above his/her I140 was approved with previous recaptured PD already and ready to file new I485 any time that date becomes current. Instead of filing another I485, you are just adding your new cat/PD to the existing application.

Last edited by priderock; 11-28-2007 at 02:59 PM.
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  #8 (permalink)  
Old 11-30-2007, 04:04 PM
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waiting2001 is on a distinguished road
Default I-140 interfiling and affects on AC21

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.

Regards -
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  #9 (permalink)  
Old 06-23-2008, 11:05 PM
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mrsr will become famous soon enough
Default Interfiling is myth or reality

Did any one in this forum sucessfully interfiled, because when i called USCIS
office they said we should file another i485. he he could not able to pull any thing on PD tranfers on USCIS website....

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  #10 (permalink)  
Old 06-24-2008, 07:10 PM
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Default EB3->Eb2 Interfile - Lud??

Quote:
Originally Posted by mrsr View Post
Did any one in this forum sucessfully interfiled, because when i called USCIS
office they said we should file another i485. he he could not able to pull any thing on PD tranfers on USCIS website....

My Lawyer sent the Letter on 6/17 to the Texas Service Center, basically we are trying to use my EBP3 PD into my EB2 case. The Letter was recieved by TSC on 6/18 and on 6/23 i saw an LUD on my 485/140/131/765 which are at the Texas Service center. I don't know if the "soft LUD" is a reslt of that letter or something else. I didn't request any address change or any Service request. I didn't even call the TSC in last one month or so.

My 485 is filed under Eb3 with a priority date of Oct 2003 and the Eb2 case has a priority date of July 2006.

Can anyone make something out of this. if yes please explain.
I am a July 2 , 2007 filer with a notice date of Aug 17, 2007
Thanks
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  #11 (permalink)  
Old 06-25-2008, 01:34 PM
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Bump
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  #12 (permalink)  
Old 06-25-2008, 02:20 PM
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Default EB-3 priority date to be given to EB-2

Hi!

I have applied for I-485 approval based on EB-2(I-140 already approved) of PD Octo'2005. I have a EB-3 (from same company) of PD Octo'2003. I received I-140 approval for EB-3 recently. At the time of filling I-485,my lawyer has already given a letter to USCIS stating EB-3 PD to be given to EB-2 in case of I-140 (of EB-3) gets approved. Now everything is in place- Do I need to remind USCIS to get this done? Can this kind of PD date porting possible?(According to my lawyer - yes) Please guide.

Regards,

Rajas
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  #13 (permalink)  
Old 06-25-2008, 03:08 PM
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for_gc is infamous around these parts for_gc is infamous around these parts
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Quote:
Originally Posted by rajivkane View Post
Hi!

I have applied for I-485 approval based on EB-2(I-140 already approved) of PD Octo'2005. I have a EB-3 (from same company) of PD Octo'2003. I received I-140 approval for EB-3 recently. At the time of filling I-485,my lawyer has already given a letter to USCIS stating EB-3 PD to be given to EB-2 in case of I-140 (of EB-3) gets approved. Now everything is in place- Do I need to remind USCIS to get this done? Can this kind of PD date porting possible?(According to my lawyer - yes) Please guide.

Regards,

Rajas

I am in a similar situation with minor differences. Basically I first got my EB2 LC (Nov'05) and I140 approved. Just after that my EB3 LC got approved which had a PD of Oct' 03.

At the time of filing 485 last July my corp lawyers were not willing to port the PD of EB3 to EB2 stating that we can use one or the other because we first got the EB2 LC and I140 approved, can't go back and forth. At that time I did a premium I140(got in 10days) for the EB3 LC and applied 485. Now I am stuck with EB3 PD of Oct 03 although I have another EB2 LC and I140 approved.

This seems very odd to me. I should be able to change my classification from EB3 to EB2 at the 485 stage.
I have sent emails to my corp lawyers/HR numerous times after that but they are un-willing to do anything.

Tried to consult Rajiv Khanna for the same. He asked for $440. That is out of my budget, hence did not go ahead.

Looks like not too many people are in this situation, hence very hard to get clear picture of what can and cannot be done.
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Last edited by for_gc; 06-25-2008 at 03:22 PM.
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  #14 (permalink)  
Old 06-25-2008, 04:22 PM
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hyddsnr will become famous soon enough
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Quote:
Originally Posted by funny View Post
My Lawyer sent the Letter on 6/17 to the Texas Service Center, basically we are trying to use my EBP3 PD into my EB2 case. The Letter was recieved by TSC on 6/18 and on 6/23 i saw an LUD on my 485/140/131/765 which are at the Texas Service center. I don't know if the "soft LUD" is a reslt of that letter or something else. I didn't request any address change or any Service request. I didn't even call the TSC in last one month or so.

My 485 is filed under Eb3 with a priority date of Oct 2003 and the Eb2 case has a priority date of July 2006.

Can anyone make something out of this. if yes please explain.
I am a July 2 , 2007 filer with a notice date of Aug 17, 2007
Thanks


Iam kind of similar situation, at the time of I-485 filing my attorney filed with eb2 and later on my eb3 got approved with pd date feb 2003, so he sent request mail to port the eb3 pd date for eb2. Its been almost 9 months but did't get any respond. I called IO officer they said like all request will be processed when 485 is assinged to IO . But iam not sure when this 485 will processed.Is it basing on notice date or basing on pd date??
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  #15 (permalink)  
Old 06-25-2008, 06:07 PM
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Quote:
Originally Posted by hyddsnr View Post
Iam kind of similar situation, at the time of I-485 filing my attorney filed with eb2 and later on my eb3 got approved with pd date feb 2003, so he sent request mail to port the eb3 pd date for eb2. Its been almost 9 months but did't get any respond. I called IO officer they said like all request will be processed when 485 is assinged to IO . But iam not sure when this 485 will processed.Is it basing on notice date or basing on pd date??
did you get any LUD after you sent the Letter? I got one LUD after 3-4 days of sending the letter
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