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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 02-25-2008, 12:29 PM
Junior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Feb 2007
Posts: 5
Nikhil2 is on a distinguished road
Default Question of EB3 to EB2 after filing I-485

I googled it a lot and couldn't find the answer. However, I realized many people have the same question too. So, please let me know your comments.

My first I-140 (EB3) was approved with PD 3/20/2005.
Then, my 2nd I-140 (EB2) was approved with PD 12/20/2006.
And then, my I-485 was filed on 7/2/2007 based on EB3.

All these above happened in the same company. I still work there.

My question is if the VB of EB2 change into 4/1/2005 next month, how do I use my EB2 I-140 to speed up my GC application. Please provides with detailed step(s).

Thanks in advance.

Last edited by Nikhil2; 02-25-2008 at 12:37 PM.
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  #2 (permalink)  
Old 02-25-2008, 01:46 PM
Donor
Priority Date
:
Apr-06
Category
:
EB3
I140 Mailed Date
:
04/21/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/21/2006
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Join Date: Dec 2007
Posts: 32
bhagat69 will become famous soon enough
Default EB2 vs EB3 at this stage with priority dates

Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

I will really appreciate someone who has experience with these issues to advise me on them.
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  #3 (permalink)  
Old 03-19-2008, 04:07 PM
Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
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Join Date: May 2006
Posts: 53
damialok will become famous soon enough
Default Interfiling or recapture of PD

Interfiling or recapture of PD is what this is called. Normally recapture of PD can be done by the following options.
  1. If EB2 140 not approved yet: When filing EB2 140, attach a letter stating that you would like to recapture your PD from your approved EB3 140. Also attach a copy of the aEB3 140
  2. If EB2 and EB3 140s are approved: Send in a letter to USCIS(NSC/TSC, where your case is) stating that you would like to use the PD from EB3 but be classified as EB2. Include copies of both 140s.
The former is obviously easy and you can see the recapture of the PD on the EB2 140 approval. But with the latter option, you don't have a documented way to check if recapture has been successful. You can wait for 30 days after you file that letter AND if your PD is current then either go for an INFOPASS appointment(hit or a miss) or have congressional/ombudsman inquiry get you the PD.

I personally was lucky because I got to use the former option(1). Even though EB2 140 was filed earlier than EB3(see my details) below, USCIS sent in a dummy RFE for the EB2 so that my attorney could include the PD recapture request. Once the letter was sent, USCIS approved my EB2 140 with the older PD. So officially my PD is EB2-Aug 2002.

A good attorney should be able to do this recapture fairly easily.
__________________
EB3 - RIR
PD: Aug 2002
140-RD: Aug 21st 2007
140-Approved: Feb 19th 2008(Online)
140-Approval received: Feb 26th 2008

EB2-PERM
PD: Jan 2007
140-RD: July 2nd 2007 (485 Concurrently filed)
140-RFE: Feb 20th 2008
140-RFE-Replied: Feb 28th 2008 (PD recapture letter)
140-Approved: Mar 10th 2008(online).
140-Approval received: Mar 18th 2008 and PD recaptured.

I-485- Approved on 05/23/2007
EADs and APs received after FPs.
2 sets one with my company and one with Spouse's company.

Last edited by damialok; 03-19-2008 at 04:09 PM.
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