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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 12-12-2007, 05:13 PM
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I140 Mailed Date
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gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about
Default Idea: Retain PD after changing to F1 Visa and back on H1?

After the Jan visa bulletin, I am seriously thinking of taking a couple of years break and becoming a student again, on F1.

Question: Do people know whether priority dates can be retained through Visa status changes? i.e. if labor and I-140 is approved now when I am on H1B, I did not file 485, then I change to F1 for 2 years, and then become H1B again and start the process all over, can I port the priority date from my first H1 to the new labor to be filed on my second H1?
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  #2 (permalink)  
Old 12-12-2007, 05:15 PM
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EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough
Exclamation pls read important!!!

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Originally Posted by gcobsessed View Post
After the Jan visa bulletin, I am seriously thinking of taking a couple of years break and becoming a student again, on F1.

Question: Do people know whether priority dates can be retained through Visa status changes? i.e. if labor and I-140 is approved now when I am on H1B, I did not file 485, then I change to F1 for 2 years, and then become H1B again and start the process all over, can I port the priority date from my first H1 to the new labor to be filed on my second H1?
u cant get F1 now since you've already showed immigration intent by filing labor/140..dont bother doing F1, you will get rejected.
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  #3 (permalink)  
Old 12-12-2007, 08:31 PM
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Aug-04
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gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about
Default Assuming I get F1

Thanks for the response, EndlessWait. That's a good point. It is unfortunate that the higher education option is also unavailable because I had filed I-140, but to file 485 I will have to wait for 2-3 years or more (I am EB2 2004).

Now, assuming I manage to get a student visa, is there an option of keeping the priority date after the degree is completed? (If not, it is not even worth the effort to try).
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  #4 (permalink)  
Old 12-13-2007, 10:31 AM
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Default

Quote:
Originally Posted by gcobsessed View Post
Thanks for the response, EndlessWait. That's a good point. It is unfortunate that the higher education option is also unavailable because I had filed I-140, but to file 485 I will have to wait for 2-3 years or more (I am EB2 2004).

Now, assuming I manage to get a student visa, is there an option of keeping the priority date after the degree is completed? (If not, it is not even worth the effort to try).
EB-2 India is not getting to 2004 in 2-3 years. A better estimate is around 10 - 15 years.
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  #5 (permalink)  
Old 12-20-2007, 05:31 PM
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Cool Part Time!

instead of getting into the complex mesh (or rather mess) of status changes..u can do part time student !!! but then getting a student loan becomes an issue! hmm...

its like hotel california...
"You can checkIN any time you like,
But you can never leave! ""..;-))
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  #6 (permalink)  
Old 12-21-2007, 11:48 AM
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Priority Date
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Aug-04
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I140 Mailed Date
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09/13/2008
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Posts: 38
gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about gcobsessed has a spectacular aura about
Default yes, but...

Yeah, part time study is probably the safest option. But, the whole idea is to take a break from work completely for a couple of years and still not lose place in the queue when coming back to work full-time.

Given that it would realistically take 7-10 years to get a green card, it will be a nice option to have. Well, let me see what other options are there before this waiting in the queue with the same job for years drives me nuts...
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