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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 04-23-2008, 12:06 PM
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Priority Date
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Oct-07
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I140 Mailed Date
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Default I 140 withdrawn

Hi All,
Due to current market condition, I had to take a fulltime job and stopped consulting as I could not a find project in my domain for some period of time, But I had my labor approved from previous employer A and my I 140 pending , My employer A says that according to USCIS rules he has to withdrawn myt I 140 and did so month and half back. But USIC website still says case recived and pending, does it mean they have not recived the Withdraw notice or the site not updated?

Please advise!!

Can labor be transfered ?
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  #2 (permalink)  
Old 04-23-2008, 12:10 PM
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Priority Date
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Apr-04
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I140 Mailed Date
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04/01/2005
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I don't think USCIS online status is always up to date. Better don't rely on it.
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  #3 (permalink)  
Old 04-23-2008, 12:11 PM
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Priority Date
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Nov-06
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I140 Mailed Date
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01/26/2007
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Default Website is not in sync with actual status in many cases

Website still says my case in suspense because of wrong finger printing fee..but I went for finger printing 6 months back.

which company you are in?
__________________
-Perm,PD Nov2006, EB3, India.
-I140 - Nebraska - Approved 09/Dec/2008.
-I485 - Texas - 25/July/2007 - Pending.
-Got EAD & AP.FP done.
-Got 2nd EAD & AP ( EAD for 2 Years)
-Got 3rd EAD & AP Approved ( COMBO for just 1 yr)
-Contributed $300 so far..
-Sent letter to President & copied IV
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  #4 (permalink)  
Old 04-23-2008, 12:17 PM
Junior Member
Priority Date
:
Oct-07
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I140 Mailed Date
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Default

Quote:
Originally Posted by sbvw76 View Post
Website still says my case in suspense because of wrong finger printing fee..but I went for finger printing 6 months back.

which company you are in?
Yes I do belive so, sent you private message regarding the firm's name
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  #5 (permalink)  
Old 04-23-2008, 12:26 PM
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Priority Date
:
Mar-07
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I140 Mailed Date
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07/26/2007
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Quote:
Originally Posted by sr225 View Post
Hi All,
Due to current market condition, I had to take a fulltime job and stopped consulting as I could not a find project in my domain for some period of time, But I had my labor approved from previous employer A and my I 140 pending , My employer A says that according to USCIS rules he has to withdrawn myt I 140 and did so month and half back. But USIC website still says case recived and pending, does it mean they have not recived the Withdraw notice or the site not updated?

Please advise!!

Can labor be transfered ?
The Website is unreliable and Labor cannot be transferred.

Check with your previous employer and if he has not taken any action to withdraw the 140, then negotiate a deal with him to allow your 140 to be approved. Money speaks...and also there is a possiblity that you can go back and consult with him if/when the market turns around.

If he has already withdrawn your 140, then your status has been reset to 0. You have to start all over again.
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  #6 (permalink)  
Old 04-23-2008, 12:30 PM
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Default Case in suspense

Mine too. My lawyer had sent the details of the case, but no response from USCIS.

I think they should rename UCSIS to USITS (US Immigrant Torture Services).

Quote:
Originally Posted by sbvw76 View Post
Website still says my case in suspense because of wrong finger printing fee..but I went for finger printing 6 months back.

which company you are in?
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  #7 (permalink)  
Old 04-23-2008, 12:32 PM
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Priority Date
:
Jan-07
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I140 Mailed Date
:
03/01/2007
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:
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Default If 485 Filed.

I guess one is a better situation if one has filed 485.
As soon as 140 is revoked or cancelled, 485 will be denied right away (NOID) and one can easily get to know what happened.

This helps once one uses AC-21, as the denial of 485 should go the lawyer and the applicant and one can act appropriately.

But if 485 is not filed, then the website is totally reliable.

As someone said MONEY TALKS, you should talk to your employer.
If 140 is already cancelled, then you are back to the start of the whole process. Talk to your lawyer and try to get some information from them.
I hope this helps.

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  #8 (permalink)  
Old 04-23-2008, 01:32 PM
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Priority Date
:
Mar-06
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I140 Mailed Date
:
10/10/2006
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Quote:
Originally Posted by akhilmahajan View Post
I guess one is a better situation if one has filed 485. As soon as 140 is revoked or cancelled, 485 will be denied right away (NOID) and one can easily get to know what happened.
Are you sure if 485 is filed then they will immediately issue a NOID when 140 is revoked. Is it possible that they dont issue any NOID even when an approved 140 is revoked with 485 pending. Then you probably come to know about it only when you apply for EAD renewal.
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  #9 (permalink)  
Old 04-23-2008, 01:46 PM
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Priority Date
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Dec-06
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I140 Mailed Date
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burnt has a little shameless behaviour in the past
Default

Quote:
Originally Posted by sr225 View Post
Hi All,
Due to current market condition, I had to take a fulltime job and stopped consulting as I could not a find project in my domain for some period of time, But I had my labor approved from previous employer A and my I 140 pending , My employer A says that according to USCIS rules he has to withdrawn myt I 140 and did so month and half back. But USIC website still says case recived and pending, does it mean they have not recived the Withdraw notice or the site not updated?

Please advise!!

Can labor be transfered ?
I read in one of the forums here about a person, whose I-140 had been withdrawn and he came to know only after 1.5 years... So don't rely on online update of USCIS.
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  #10 (permalink)  
Old 04-23-2008, 01:59 PM
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Default Online status is not reliable...

Yes Online status at USCIS website is not reliable. My I140 got approved and received the approval I797 in April 2007. But still my case status online says they have received the I140 petition and they are still processing!!

Don't rely on that. What I would do is take the new job and start a fresh application for GC. If you like the new Job that is important than anything else.

In my opinion a Job should be making positive impact on all aspects of our life.

Good luck.

Raj
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  #11 (permalink)  
Old 04-23-2008, 02:17 PM
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Priority Date
:
Mar-06
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iwantmygreen will become famous soon enough
Default

Quote:
Originally Posted by burnt View Post
I read in one of the forums here about a person, whose I-140 had been withdrawn and he came to know only after 1.5 years... So don't rely on online update of USCIS.
Can you please provide the link to this. Did this person have an underlying 485 as well.
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  #12 (permalink)  
Old 04-23-2008, 03:16 PM
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:
N/A
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:
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:
01/01/2001
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:
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Quote:
Originally Posted by sr225 View Post
Not yet filed for I 485, So i think I should restart again from labor, Well thanks a lot every one.

USCIS is so unrelaible and so are there laws which are so employer centric and they in turn make it so difficult, Why does an employee need to stick with a firm to continue green card process, It is permanent residency so it be assosiated with me . There is a severy design flaw in the system, Where ever I work I have to pay the same taxes to govt similarly it should be with green card, if it is taking 7 to 8 years and only 6 years on H1 B.
how is this sytem going to work? I think it is other way of telling you that you cannot get a residence here, why dont they say it directly?
It is employer centric because you are applying for employment-based green card.
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  #13 (permalink)  
Old 04-23-2008, 03:27 PM
Member
Priority Date
:
Mar-06
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I140 Mailed Date
:
10/10/2006
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:
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:
10/10/2006
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iwantmygreen will become famous soon enough
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Does anyone have any experience when 485 was pending & an approved 140 was withdrawn. If yes did USCIS issue a NOID. Is it possible the NOID isnt issued & person comes to only when he applied for EAD renewal.
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  #14 (permalink)  
Old 04-23-2008, 03:58 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
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:
07/26/2007
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Quote:
Originally Posted by iwantmygreen View Post
Does anyone have any experience when 485 was pending & an approved 140 was withdrawn. If yes did USCIS issue a NOID. Is it possible the NOID isnt issued & person comes to only when he applied for EAD renewal.
Sure....even after the applicant notified CIS with AC21 letters, CIS has mistakenly denied 485s without issuing NOIDs or RFEs...straight denial.

Rajiv Khanna's forums should have several examples. During the Labor sub days, 140s were commonly withdrawn or revoked and these mistakes by CIS happened quite a bit.
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  #15 (permalink)  
Old 04-23-2008, 06:00 PM
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Priority Date
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Jun-04
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:
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I140 Mailed Date
:
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:
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visves is on a distinguished road
Default

In my case, the I-140 was not yet approved when it was withdrawn. The 485 was rejected (received rejection notice) without a NOID.

Quote:
Originally Posted by iwantmygreen View Post
Does anyone have any experience when 485 was pending & an approved 140 was withdrawn. If yes did USCIS issue a NOID. Is it possible the NOID isnt issued & person comes to only when he applied for EAD renewal.
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