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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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  #16 (permalink)  
Old 04-23-2008, 06:06 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Aug 2007
Posts: 108
Becks will become famous soon enough Becks will become famous soon enough
Default Yes, correct

My 140 was approved in November and the online status was Pending and only changed to Approved in March. So dont rely on online status.

Quote:
Originally Posted by softcrowd View Post
I don't think USCIS online status is always up to date. Better don't rely on it.
__________________
PD: 12/28/2006
Catagory: EB2 (BS + 5 years)
I140 Approved: 11/07/2007(NSC)
485 Filed: 07/02/2007 (NSC) -- Approved on 07/12/2011
AC21: 05/2008
RFE : 03/2009 (EVL)
I485 Approved: 07/12/2011


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  #17 (permalink)  
Old 04-23-2008, 07:31 PM
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
10/10/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/10/2006
Compare
Join Date: Apr 2008
Posts: 55
iwantmygreen will become famous soon enough
Default

So nobody has any experience when 485 was pending & an approved 140 was withdrawn. If yes when did they come to know about it
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  #18 (permalink)  
Old 04-23-2008, 07:46 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
11/15/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/15/2010
Compare
Join Date: Jul 2007
Posts: 131
sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all
Default USCIS memo on I140 withdrawn cases

20.2 Petition Validity.
(c) Validity after Revocation or Withdrawal. Pursuant to the provisions of section 106(c)
of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law
106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
$ A Form I-485, Application to Adjust Status, on the basis of the EB immigrant
petition has been filed and remained unadjudicated for 180 days or more; and
$ The new job is in the same or similar occupational classification as the job for
which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and
remained unadjudicated for 180 days or more (as measured from the form I-485 receipt
date), the approved Form I-140 will remain valid even if the alien changes jobs or
employers as long as the new offer of employment is in the same or similar occupation.
If the Form I-485 has been pending for less than 180 days, then the approved Form I-
140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the
date that the Form I-485 has been pending 180 days, the approved Form I-140 shall
remain valid under the provisions of §106(c) of AC21. It is expected that the alien will
have submitted evidence to the office having jurisdiction over the pending Form I-485
that the new offer of employment is in the same or similar occupational classification as
the offer of employment for which the petition was filed. Accordingly, if the underlying
approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new
qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to
Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new
qualifying offer of employment submitted in response to the Notice of Intent to Deny is
timely filed and it appears that the alien has a new offer of employment in the same or
similar occupation, the BCIS may consider the approved Form I-140 to remain valid with
respect to the new offer of employment and may continue regular processing of the
Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not
established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond
or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may
immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before
the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no
longer valid with respect to a new offer of employment and the Form I-485 may be
Memorandum for Regional Directors, et. al.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
Page 5
denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the
alien will not be eligible for the job flexibility provisions of §106(c) of AC21 and the
adjudicating officer may, in his or her discretion, deny the attached Form I-485
immediately. In all cases an offer of employment must have been bona fide, and the
employer must have had the intent, at the time the Form I-140 was approved, to employ
the beneficiary upon adjustment. It should be noted that there is no requirement in
statute or regulations that a beneficiary of a Form I-140 actually be in the underlying
employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been
employed by the prior petitioning employer or the subsequent employer under section
204(j) of the Act.
__________________
EB2-India-PD: Nov 2004
Tristate member
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  #19 (permalink)  
Old 04-23-2008, 08:01 PM
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
10/10/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/10/2006
Compare
Join Date: Apr 2008
Posts: 55
iwantmygreen will become famous soon enough
Default

I know this memo. I was looking for some with
1.485 pending
2.approved 140 withdrawn
Did the USCIS issue a NOID.
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  #20 (permalink)  
Old 04-23-2008, 09:29 PM
Senior Member
Priority Date
:
Feb-02
Category
:
Others
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 195
raj2007 will become famous soon enough raj2007 will become famous soon enough
Default

Quote:
Originally Posted by softcrowd View Post
I don't think USCIS online status is always up to date. Better don't rely on it.
No, you have to start fresh.
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  #21 (permalink)  
Old 04-23-2008, 09:53 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default orig

To the original poster:

Why do you need I-140? If it is pending chances are you can use it after I-140 approval to recapture PD. Thats all you can do. I would not worry about that I140 too much. Let your ex employer do what he wants.

Have you changed jobs on I-485? If so, your 485 needs to be pending for more than 200 days. If not you are at the mercy of your ex employer. Only if you are using EAD now.
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  #22 (permalink)  
Old 04-24-2008, 10:24 AM
Junior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 9
sr225 is on a distinguished road
Default

Quote:
Originally Posted by kshitijnt View Post
To the original poster:

Why do you need I-140? If it is pending chances are you can use it after I-140 approval to recapture PD. Thats all you can do. I would not worry about that I140 too much. Let your ex employer do what he wants.

Have you changed jobs on I-485? If so, your 485 needs to be pending for more than 200 days. If not you are at the mercy of your ex employer. Only if you are using EAD now.
I could not apply for 485 last year due to personal reasons but I hope it remains pending, I juist want to perfect the priority date as you the pain we go thorugh to get GC filed .
Thanks every one this a very nice form, I never thought there was such a unity among legal Immigrants, Hats off guys.

Last edited by sr225; 04-24-2008 at 12:21 PM.
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  #23 (permalink)  
Old 04-24-2008, 11:24 AM
Senior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
01/07/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 121
Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold
Default Illegal?

Quote:
Originally Posted by sr225 View Post
I could not apply for 485 last year due to personal reasons but I hope it remains pending, I juist want to perfect the priority date as you the pain we go thorugh to get GC filed .
Thanks every one this a very nice form, I never thought there was such a unity among Illegal Immigrants, Hats off guys.
Illegal immigrants? I thot this forum was for legal
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  #24 (permalink)  
Old 04-24-2008, 11:38 AM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
11/15/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/15/2010
Compare
Join Date: Jul 2007
Posts: 131
sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all
Default All possible cases are explained in the memo...

Quote:
Originally Posted by iwantmygreen View Post
I know this memo. I was looking for some with
1.485 pending
2.approved 140 withdrawn
Did the USCIS issue a NOID.

If you know abt this memo, then please read the memo completly; it explains in every little detail...

...if ur 485 is pending and an approved 140 is revoked; assuming AC21 provision is used to change the job(180 day rule)- U should inform USCIS abt the new offer...else a NOID is issued and you will have to respond to NOID with a new offer...
__________________
EB2-India-PD: Nov 2004
Tristate member
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  #25 (permalink)  
Old 04-24-2008, 12:22 PM
Junior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 9
sr225 is on a distinguished road
Default

Quote:
Originally Posted by Abhinaym View Post
Illegal immigrants? I thot this forum was for legal
I am sorry I meant legal Immigration, A bad typo
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  #26 (permalink)  
Old 04-24-2008, 07:56 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
11/19/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/10/2011
Compare
Join Date: Dec 2007
Posts: 89
dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute dilber has a reputation beyond repute
Default

Quote:
Originally Posted by sweet23guyin View Post
20.2 Petition Validity.
(c) Validity after Revocation or Withdrawal. Pursuant to the provisions of section 106(c)
of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law
106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
$ A Form I-485, Application to Adjust Status, on the basis of the EB immigrant
petition has been filed and remained unadjudicated for 180 days or more; and
$ The new job is in the same or similar occupational classification as the job for
which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and
remained unadjudicated for 180 days or more (as measured from the form I-485 receipt
date), the approved Form I-140 will remain valid even if the alien changes jobs or
employers as long as the new offer of employment is in the same or similar occupation.
If the Form I-485 has been pending for less than 180 days, then the approved Form I-
140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the
date that the Form I-485 has been pending 180 days, the approved Form I-140 shall
remain valid under the provisions of §106(c) of AC21. It is expected that the alien will
have submitted evidence to the office having jurisdiction over the pending Form I-485
that the new offer of employment is in the same or similar occupational classification as
the offer of employment for which the petition was filed. Accordingly, if the underlying
approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new
qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to
Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new
qualifying offer of employment submitted in response to the Notice of Intent to Deny is
timely filed and it appears that the alien has a new offer of employment in the same or
similar occupation, the BCIS may consider the approved Form I-140 to remain valid with
respect to the new offer of employment and may continue regular processing of the
Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not
established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond
or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may
immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before
the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no
longer valid with respect to a new offer of employment and the Form I-485 may be
Memorandum for Regional Directors, et. al.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
Page 5
denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the
alien will not be eligible for the job flexibility provisions of §106(c) of AC21 and the
adjudicating officer may, in his or her discretion, deny the attached Form I-485
immediately. In all cases an offer of employment must have been bona fide, and the
employer must have had the intent, at the time the Form I-140 was approved, to employ
the beneficiary upon adjustment. It should be noted that there is no requirement in
statute or regulations that a beneficiary of a Form I-140 actually be in the underlying
employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been
employed by the prior petitioning employer or the subsequent employer under section
204(j) of the Act.
Please correct me if I am wrong I thought that the similar position clause did not apply if you are not using an EAD, that is if I have my I140 approved as say a Computer engineer, and then I switch Job to become a manager or say an Investment banker. I will have to go throught the whole GC process (Perm, I 140, and I 485) again but I can port my PD from last I 140.
Am I wrong in thinking that? Please let me know.
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  #27 (permalink)  
Old 04-24-2008, 09:16 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/08/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/08/2005
Compare
Join Date: Nov 2006
Posts: 61
ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough
Default You are correct

Quote:
Originally Posted by dilber View Post
Please correct me if I am wrong I thought that the similar position clause did not apply if you are not using an EAD, that is if I have my I140 approved as say a Computer engineer, and then I switch Job to become a manager or say an Investment banker. I will have to go throught the whole GC process (Perm, I 140, and I 485) again but I can port my PD from last I 140.
Am I wrong in thinking that? Please let me know.
You are correct. It can also be across EB categories.
Not sure whether you can port after earlier I-140 is withdrawn.

---------------------------------
I am not an attorney. I have expressed my opinion only.
Consult your lawyer for the appropriate advise
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  #28 (permalink)  
Old 04-24-2008, 09:32 PM
Senior Member
Priority Date
:
Feb-02
Category
:
Others
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 195
raj2007 will become famous soon enough raj2007 will become famous soon enough
Default

Quote:
Originally Posted by ImmiLosers View Post
You are correct. It can also be across EB categories.
Not sure whether you can port after earlier I-140 is withdrawn.

---------------------------------
I am not an attorney. I have expressed my opinion only.
Consult your lawyer for the appropriate advise
You can't port dates, if I-140 was not cleared.
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