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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 05-27-2008, 05:01 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
Blog Entries: 2
hyddsnr will become famous soon enough
Default Porting of Priority Date

I have EB2 I -140 with priority date Dec 2006 and EB3 I-140 with priority date Feb 2003. I am a July 485 filer.

My attorney sent request letter 6 months back to USCIS to Port my EB3 to EB2 (interfile) as the the priority date is current.

How should we find wheather the porting is done or not?

We took the infopass but did not get any information

Thanks,
Hyddsnr

Last edited by hyddsnr; 05-27-2008 at 08:48 PM.
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  #2 (permalink)  
Old 04-28-2009, 12:41 AM
Junior Member
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sammywammy is infamous around these parts sammywammy is infamous around these parts sammywammy is infamous around these parts
Default Hi.. any update on your case?

even I am not sure if my priority date is ported or not..
hence wanted to know what happened to your case...

here is my story..
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.

Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA

We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.

Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005

Second I140
Approved: in December 2005/Early 2006

Received Original Labor Approval in end of Dec 2006


The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)


ORIGINAL I-140 was approved in Oct 2007

PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.



Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.

The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.

So after much ado by our lawyers, they agreed to check with USCIS.

Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD

According to our lawyers, Our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.

Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.

Thanks and Regards
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  #3 (permalink)  
Old 04-28-2009, 01:12 AM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
03/06/2008
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Join Date: Aug 2006
Posts: 155
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Default Contact Murthy Law Firm

As per law there no such statement that if the first I-140 is approved after the second the priority date cannot be captured. So USCIS is wrong. This situation was not considered when the law was written. The law states that if the applicant has two approved I-140 they have the right to select the earlier priority date.

The law is as below
"In the event that the alien is beneficiary of multiple petitions under sections 203(b)(1),(2) or, (3) of the Act, the alien shall be entitiled to the earlier priority date"

Your lawyers should contact USCIS and point this out. And I dont think you need to refile I-485. My best bet would be to contact big known law firms. Setup consultations with them and then you can decide if you want to go with them or not

Last edited by gcpool; 04-28-2009 at 01:28 AM.
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  #4 (permalink)  
Old 04-28-2009, 03:48 AM
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sammywammy is infamous around these parts sammywammy is infamous around these parts sammywammy is infamous around these parts
Default Thanks very much!

Hello gcpool, Thanks very much for your quick reply..

Is it possible to employ services of another law firm even though my case is being handled by my company's lawyers?

Also, by big name law firms .. please suggest some.. Thanks..
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  #5 (permalink)  
Old 04-28-2009, 10:15 AM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
03/06/2008
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Join Date: Aug 2006
Posts: 155
gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of gcpool has much to be proud of
Default Yes you can

Yes you can switch. As mentioned before, do setup a consultation with them. Its worth the effort.
I would go with Murthy Law Firm. They have successfully done such cases.

Last edited by gcpool; 04-28-2009 at 10:17 AM.
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  #6 (permalink)  
Old 04-28-2009, 11:24 AM
Junior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Oct 2007
Posts: 1
GC2025 is on a distinguished road
Default

Hi !

I had exactly same case and i used Murthy Law Firm .They sucessfully got my GC apporoved.
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  #7 (permalink)  
Old 04-28-2009, 03:29 PM
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Posts: 7
sammywammy is infamous around these parts sammywammy is infamous around these parts sammywammy is infamous around these parts
Default Thanks!

Thanks very much for your replies! gives me a lot of hope...
will keep u posted.
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  #8 (permalink)  
Old 04-28-2009, 04:01 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 My Porting is done successfully and got GC two months back...

Hi,

I am sorry for the late reply, Yeah my porting is done successfully, Infact my EB3 I-140(PD feb 2003) is approved after the filing of I-485 with EB2(Dec 2006). My lawyer sent couple of letters asking to port EB3 PD date to the existing I-485 for EB2...I have got my GC approved in feb 2009.
He sent first request letter in dec 2007, and after that he sent 3-4 reminder request letters to USCIS..

He used the below statement...

According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....

Last edited by hyddsnr; 04-28-2009 at 04:40 PM.
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  #9 (permalink)  
Old 04-29-2009, 11:56 AM
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
rajivkane is on a distinguished road
Default Do I need to file I-824 for this?

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
__________________
USA2008
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  #10 (permalink)  
Old 04-29-2009, 01:58 PM
Junior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/07/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/30/2007
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Join Date: Apr 2009
Posts: 13
IL_Guy is an unknown quantity at this point
Default Priority dates transfers

Hi Friends,

My situation is similar to some of the people here.

I have an approved I-140 (EB2, India) from my previous company with PD Sept 04. My new company applied for 140 in April 07 under EB2 and still pending.

I had asked my lawyers to port the previous 140 date to new 140/485 application. They replied back saying that porting can be done only if the current 140 gets approved.

(old 140 got approved after I filed new 140, so couldn't send that along with the application)

Could you please let me know if my lawyers are right in this case?

Thanks.
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  #11 (permalink)  
Old 04-29-2009, 02:30 PM
Junior Member
Priority Date
:
Category
:
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:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
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Join Date: Apr 2009
Posts: 7
sammywammy is infamous around these parts sammywammy is infamous around these parts sammywammy is infamous around these parts
Default

Quote:
Originally Posted by hyddsnr View Post
Hi,

I am sorry for the late reply, Yeah my porting is done successfully, Infact my EB3 I-140(PD feb 2003) is approved after the filing of I-485 with EB2(Dec 2006). My lawyer sent couple of letters asking to port EB3 PD date to the existing I-485 for EB2...I have got my GC approved in feb 2009.
He sent first request letter in dec 2007, and after that he sent 3-4 reminder request letters to USCIS..

He used the below statement...

According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Thanks very much hyddsnr for your response. gives me some hope.. currently my lawyers are saying they can't do anything. but I will pursue..
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  #12 (permalink)  
Old 04-29-2009, 02:55 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
08/08/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/08/2008
Compare
Join Date: May 2006
Posts: 212
a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold
Default

Quote:
Originally Posted by sammywammy View Post
even I am not sure if my priority date is ported or not..
hence wanted to know what happened to your case...

here is my story..
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.

Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA

We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.

Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005

Second I140
Approved: in December 2005/Early 2006

Received Original Labor Approval in end of Dec 2006


The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)


ORIGINAL I-140 was approved in Oct 2007

PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.



Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.

The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.

So after much ado by our lawyers, they agreed to check with USCIS.

Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD

According to our lawyers, Our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.

Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.

Thanks and Regards
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?
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  #13 (permalink)  
Old 04-29-2009, 03:30 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 Porting Priority Date

Quote:
Originally Posted by sammywammy View Post
Thanks very much hyddsnr for your response. gives me some hope.. currently my lawyers are saying they can't do anything. but I will pursue..
Hi Again,

Yeah even it took me exactly one year of time to PD porting along with GC approval. When did your lawyer send porting request to USCIS?? How long has it been you applied. When i spoke to IO , I remember they used to tell me that all our porting request letters get scanned and append to our 485 filing documents. So when ever IO officer get to see our 485 documents basing on received date / filing date Iam not sure which one, then he will take decision whether to port or not. I was told this serveral times. I guess in your case contact good lawyer and send request porting letters once again.
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  #14 (permalink)  
Old 04-29-2009, 03:36 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 IL_Guy View Post
Hi Friends,

My situation is similar to some of the people here.

I have an approved I-140 (EB2, India) from my previous company with PD Sept 04. My new company applied for 140 in April 07 under EB2 and still pending.

I had asked my lawyers to port the previous 140 date to new 140/485 application. They replied back saying that porting can be done only if the current 140 gets approved.

(old 140 got approved after I filed new 140, so couldn't send that along with the application)

Could you please let me know if my lawyers are right in this case?

Thanks.

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.
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  #15 (permalink)  
Old 04-29-2009, 03:39 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
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
Hi,

Your case exactly looks like mine, except asking for I-824, Please give me some time, let me research and get back to you .
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