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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 02-17-2008, 08:26 PM
Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
06/24/2007
Chargeability
:
Lebanon
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
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Join Date: Aug 2007
Posts: 33
viper673 is on a distinguished road
Default Two I-140 with concurrent I-485 filing

Hello all,

I have an approved I-140 based on my EB-3 position. My PD is 1/15/05 and I fall under ROW (not india or china).

My lawyer filed concurrent I-485 and approved EB-3 based I-140 back in June 2007 and my I-485 has been pending since then with a receipt notice of June 26, 2007.

We "interfiled" another I-140 under the EB-2 category to preserve my priority date of 1/15/05 and the receipt date is 9/12/07. This application is still pending. EB-2 is now current for ROW.


It's very possible that the April VB will have an advance in the EB-3 category and my PD for my previously approved I-140 will be current.


My question is: will USCIS adjudicate my I-485 based on my EB-3 automatically, or do I need to send them some kind of a notice? or should I wait for my new EB-2 to get approved and send them a letter to adjudicate based on it?

I was wondering if anyone else is in the same boat and if so, what have you done?


Thanks!

Last edited by viper673; 02-17-2008 at 08:32 PM.
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  #2 (permalink)  
Old 03-05-2008, 03:11 PM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Benin
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 78
cr52401 is on a distinguished road
Default I am in excat situation

Where did you file your 140? I did exact same thing but the second 140 for EB2 has PD of Dec 2007. Who is your attorney? I was thinking to withdraw the second pending 140 since our PD is corrent. My first EB3 has PD of 2003.

Please advice.

Thanks.
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  #3 (permalink)  
Old 03-17-2008, 09:53 PM
Junior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 8
larryking is on a distinguished road
Default Ok how do i do that??

Gents,

My LC priority date is 1/16/07 (EB3) and my I-140 is approved and have gotten my EAD etc. Have also gotten my finger printing done. I am ROW as well. How do i file an EB2 petition? what is the process? Company has several EB2 positions open as well and they dont mind upgrading me into that job function. Do i need to go through the same labor approval process...as in working with department of labor etc as far as placing an ad etc?? What do you guys suggest based on the priority dates that we see right now? With Jul 2005 - is it worth the effort? I have been told that if the PD is current, the process is only 6 months!!

Second question - if the process is really to file another PERM + I140, how long does it take to get the second I-140 approved now that the "speedy process" for I-140 is suspended?

thanks,
Larry.

Last edited by larryking; 03-17-2008 at 10:02 PM.
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