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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 02-05-2008, 01:41 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 5
morpis is on a distinguished road
Default Shall I file I140/EB2/India now?

Hello All,

I have an approved I140; EB3 -- India.
I had filed for my 485 in July 2007, and have got my EAD and AP.

Last year, when the GC process was stalled and my EB3 Labor was languishing in BEC, my employer had filed EB2 PERM labor for me. This application was approved in SEP 2007.

Now, I am not sure if I should file for EB2 I140 application --
1. given that the dates for EB2 India are unavailable now.
2. can filing new I140 application now impede my ability to use AC21 in any way, just in case.

Would you pl let me know your thoughts on this.

Thanks.
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  #2 (permalink)  
Old 02-05-2008, 04:41 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 5
morpis is on a distinguished road
Default Bump!! Pl reply

Bump!! Pl reply
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  #3 (permalink)  
Old 02-05-2008, 04:41 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
07/16/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Nov 2007
Posts: 142
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Default Should not go for new one

If they reject your this new I-140 they may review your approved I-140. This is not 100% but in some cases they have done this and rejected approved one too
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  #4 (permalink)  
Old 02-05-2008, 04:57 PM
Senior Member
Priority Date
:
May-06
Category
:
EB2-NIW
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
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Join Date: May 2006
Posts: 530
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Default

Quote:
Originally Posted by morpis View Post
Hello All,


Now, I am not sure if I should file for EB2 I140 application --
1. given that the dates for EB2 India are unavailable now.
2. can filing new I140 application now impede my ability to use AC21 in any way, just in case.

Thanks.
Just my understanding/view, might not be correct: You should be able to file a new I-140 and it should not effect your pending I-485 unless you tell USCIS to link them by "interfiling". Filing a new EB2 I-140 in itself should not be a problem. It is possible, I suppose, that if they reject your new I-140 due to the companies ability to pay, they visit your old I-140.



(1)situation in EB2 India will become clear only after some more months.
(2) Unless you transfer the I-485 to the new I-140 by interfiling, the new I-140 should not effect AC21 modulo USCIS revisiting old I-140 for some reason.


Not a lawyer, just my understanding of things.
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  #5 (permalink)  
Old 02-06-2008, 02:04 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 5
morpis is on a distinguished road
Default Thanks all for your replies.

Thanks all for your replies.
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  #6 (permalink)  
Old 02-07-2008, 11:21 AM
Senior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
06/30/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Mar 2006
Posts: 606
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Default

  1. File your new I-140, attaching your old I-140 with it and asking 'm to recapture the old PD.
  2. Once it's approved, you'll have new I-140 with old PD and EB2 category.
  3. Submit your new I-140, asking 'm to amend I-485 by replacing the underlying I-140.
  4. You now upgraded your I-485 from EB3 to EB2 and you have still preserved your old PD.
Any comments on the above process?
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