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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 04-29-2009, 05:51 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
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Join Date: Sep 2006
Posts: 224
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Default Any links will help

Quote:
Originally Posted by hyddsnr View Post
Hi,

Actually there are two ways of porting.

1) Porting request can be done while applying new I-140 along with old approved I-140.So in second approved I-140 you will be seeing old PD .
2) Sending amendment request later when second I-140 is approved.

Either way we can port our priority dates. It depends on the lawyers, some fallow first one
some fallow second.
hyddsnr,

I have an OLD approved I-140 (EB2) PD Mar 06 and i am waiting for my new PERM approval. My attorney says they can port date only when my new I-140 gets approved. I told him earlier that we can file I-140 with a copy of old I-140 and priority date porting together but he doesn't agree. Do you have any document or link which will support your point number 1. I am not sure how i should convince my attorney.

Thank you.
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  #17 (permalink)  
Old 04-29-2009, 06:17 PM
Junior Member
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Default

Quote:
Originally Posted by a1b2c3 View Post
Normally, folks don't file second app unless 140 is approved with the first. If USCIS says the PD cannot be recaptured, you can contact the Ombudsman's office to see if they can help. That is your best bet.

However, I am not sure why there is a reason to worry. You already have Oct 2005 EB2, it will become current soon.
Don't think filing third app to capture PD is a viable option, right?
Well, I hope it will become current soon.. but it doesnt seem like it will.. the dates have stagnated for the last 3-4 bulletins.
yes, filing a Third app is off the table for now.
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  #18 (permalink)  
Old 04-29-2009, 06:39 PM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
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Join Date: May 2008
Posts: 26
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hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by ivar View Post
hyddsnr,

I have an OLD approved I-140 (EB2) PD Mar 06 and i am waiting for my new PERM approval. My attorney says they can port date only when my new I-140 gets approved. I told him earlier that we can file I-140 with a copy of old I-140 and priority date porting together but he doesn't agree. Do you have any document or link which will support your point number 1. I am not sure how i should convince my attorney.

Thank you.
Hi,

Please go through below link. As i don't have any document written, but it is happend in our office. They captured old PD while applyinig new I-140. I guess in your case it is of no use as your lawyer already applied new I-140 with out requesting to capture old pd right???, So you got to wait till that is approved.

http://murthyforum.atinfopop.com/4/O...1&m=7321093461

Last edited by hyddsnr; 04-29-2009 at 07:25 PM.
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  #19 (permalink)  
Old 04-29-2009, 11:10 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default

Quote:
Originally Posted by hyddsnr View Post
Hi,

Please go through below link. As i don't have any document written, but it is happend in our office. They captured old PD while applyinig new I-140. I guess in your case it is of no use as your lawyer already applied new I-140 with out requesting to capture old pd right???, So you got to wait till that is approved.

http://murthyforum.atinfopop.com/4/O...1&m=7321093461
hyddsnr,

The information you have provided is very important to me. My new I-140 is not yet filed. I am still waiting for my New PERM approval, my perm has been filed this month so it may take another 6 months to hear anything from DOL. I am preparing myself to convince my attorney after my PERM approval to file I-140 and port my older priority date at the same time.

Thank you.
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  #20 (permalink)  
Old 04-30-2009, 02:43 AM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
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Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by ivar View Post
hyddsnr,

The information you have provided is very important to me. My new I-140 is not yet filed. I am still waiting for my New PERM approval, my perm has been filed this month so it may take another 6 months to hear anything from DOL. I am preparing myself to convince my attorney after my PERM approval to file I-140 and port my older priority date at the same time.

Thank you.
Hi,

So it will not be any problem, As your new I-140 is not yet applied. Try to convince your lawyer. All the best.
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  #21 (permalink)  
Old 04-30-2009, 07:30 PM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
Compare
Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by rajivkane View Post
HI!

I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

Please guide.

Regards,

Raj
I-140 is purely empoyer related, So USCIS might have confused why they are receiving personal request on PD from you, So they might have sent reply asking for I-824,
In your case you have to wait patiently with out you sending personal request for PD, but ask your lawyer keep sending porting request letter.

In general I-824 means...

I-824 is an official application form that is used to request action on a petition that has been approved previously. I-824s are also used to in immigration procedures by an alien who loses his approval notice and the alien is given an option to use the I-824 to request for an additional notice of approval to be issued. The I-824 has to be posted to the office of the United States Citizenship and Immigration Services. Their website address is www.uscis.gov/a>.
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  #22 (permalink)  
Old 04-30-2009, 10:31 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
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Join Date: Jul 2007
Posts: 33
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Default Form I-824

hyddsnr,

Thanks for your answers.

Murhy.com has following:

"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

Please guide.

Regards,

Rajiv Kane
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  #23 (permalink)  
Old 06-15-2009, 09:14 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2007
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Join Date: May 2006
Posts: 14
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Default Priority date porting

Gurus, need your help. Here is my situation :

I am a July 2007 filer with approved I-140, EB3 date of Oct 2006. Later on my old labor, EB3 with Sep 2003 priority date got approved. Lawyer filed for second I-140 and requested to port Sep 2003 priority to the existing I-485. Now second I-140 got approved but how do we know that Sep 2003 priority date has been ported to the existing I-485. There has been no soft or hard LUD update to I-485. Lawyer is saying that as I-140 is approved with Sep 2003 ( which it was suppose to be ) the priority date is automatically ported.The question is that I-1485 need to be updated so that it has Sep 2003 priority date.

Does USCIS gives any written notification when priority date is ported. I tried calling USCIS number of times but they don't have any details of I-485 priority date. What should be done to get the confirmation for priority date change ?

Thanks,
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  #24 (permalink)  
Old 06-16-2009, 03:28 AM
Member
Priority Date
:
Feb-03
Category
:
EB2
I140 Mailed Date
:
02/01/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/01/2003
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Join Date: May 2008
Posts: 26
Blog Entries: 2
hyddsnr will become famous soon enough
Default

Quote:
Originally Posted by dudes2006 View Post
Gurus, need your help. Here is my situation :

I am a July 2007 filer with approved I-140, EB3 date of Oct 2006. Later on my old labor, EB3 with Sep 2003 priority date got approved. Lawyer filed for second I-140 and requested to port Sep 2003 priority to the existing I-485. Now second I-140 got approved but how do we know that Sep 2003 priority date has been ported to the existing I-485. There has been no soft or hard LUD update to I-485. Lawyer is saying that as I-140 is approved with Sep 2003 ( which it was suppose to be ) the priority date is automatically ported.The question is that I-1485 need to be updated so that it has Sep 2003 priority date.

Does USCIS gives any written notification when priority date is ported. I tried calling USCIS number of times but they don't have any details of I-485 priority date. What should be done to get the confirmation for priority date change ?

Thanks,
Hi,
As per my knowledge , When ever IO officer validates your I-485 file, He will be seeing all your I-140 approvals with least PD date, then he will adjudicate accordingly and issue GC.
Secondly ask your lawyer to send request letter to USCIS saying you have least PD with which you will be eligible to get GC. I have seen both the cases worked out.
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  #25 (permalink)  
Old 06-16-2009, 04:11 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2007
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Join Date: May 2006
Posts: 14
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Default Porting of Priority date

hyddsnr,

Thanks for your response.

Would I/O be picking my application based on PD or RD . Would there be any LUD whenever priority date porting is completed. My Lawyer is reluctant to follow up as he believes that porting request was done along with I-140 and USCIS would have done it automatically . Can I send the letter and follow up ?

Did you got any confirmation when your priority date porting was successfully completed ?

Thanks,
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  #26 (permalink)  
Old 06-16-2009, 04:43 PM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
11/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Default

Doesn't the 140 approval notice have the priority date on it?

I thought it does. If that's true, then your second 140 should have the 2003 priority date.
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  #27 (permalink)  
Old 06-16-2009, 05:17 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2007
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Default

Yes , my second 140 has 2003 priority date but it was filed based on labor which had 2003 priority date. The question is whether my existing 485 priority date has been changed from 2006 to 2003 by linking the second 140 and how do we get the confirmation from USCIS.
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  #28 (permalink)  
Old 06-16-2009, 05:20 PM
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Default more porters

needed...... lets flood EB2 catagory.... so no one will be left in EB3......
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  #29 (permalink)  
Old 06-16-2009, 08:23 PM
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Priority Date
:
Dec-04
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:
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I140 Mailed Date
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Default

For those who successfully ported dates -

1. Did you file EB2 with the same employer?
2. Do you mind sharing the position titles and code?
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  #30 (permalink)  
Old 06-16-2009, 10:53 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
11/23/2005
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:
India
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:
I-485
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:
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Default Can I apply for PERM while on EAD?

Quote:
Originally Posted by indyanguy View Post
For those who successfully ported dates -

1. Did you file EB2 with the same employer?
2. Do you mind sharing the position titles and code?
Hi,

Since EB3 I is never going to move forward, I am planning to go with EB2 as well and port my PD.
I have a question though. Can I apply for a new PERM while on EAD?

thanks
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