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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 08-04-2008, 02:41 PM
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hyddsnr will become famous soon enough
Default

Hi NJPatel,

Congragulations...Iam in same situation, my I-485 is filed in july 2007 with eb2 pd date dec 2006 later my eb3 got approved having pd feb 2003. So my lawyer sent 3 mails to USCIS so far to use pd of eb3 for eb2 to my I-485. I have not received anything from USCIS so far,,,its been almost 9 months now...but as you said even i see there is a soft LUD on my eb2 140 when he sent first mail request...later on there is no LUD'S or any news...Can you please let me know what our lawyer did was correct ????And how much time did it take for you to get this done...I really appreciate you help...

Quote:
Originally Posted by NJpatel View Post
Hi guys,

As per my promise of updating if any change in my case, Yesterday I got email from USCIS stating my I-485 being approved and card is in production.

FYI..

No LUD on my EB3-I140 or EB2-I140. also i did not saw any LUD on my I-485, except the day on which it got approved which is Aug-1-2008.

In short my interfilling went smooth.


NJpatel
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  #17 (permalink)  
Old 08-04-2008, 04:48 PM
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NJpatel is infamous around these parts
Default Interfilling....

below are my details...


EB3-I140 PD: June, 2003 AD: Jan 07
I-485 NoticeDate : Sep 29-07
EB2-I140 PD: June 2007 AD: May-29-2008
( porting of PD requested during filing of EB2-i140, but approved I-140 still come with June 2007 PD )

Interfilling at USCIS NSC on 6/5/08
I-485 approval Date: Aug-1-08


below are the steps to follow if you are doing interfilling at NSC...

NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition

This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.

However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition.

For this to happen, two conditions must be met:
(1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested.
(2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.

According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category):

NSC asks to print the attached cover sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:

Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.

These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007





Quote:
Originally Posted by hyddsnr View Post
Hi NJPatel,

Congragulations...Iam in same situation, my I-485 is filed in july 2007 with eb2 pd date dec 2006 later my eb3 got approved having pd feb 2003. So my lawyer sent 3 mails to USCIS so far to use pd of eb3 for eb2 to my I-485. I have not received anything from USCIS so far,,,its been almost 9 months now...but as you said even i see there is a soft LUD on my eb2 140 when he sent first mail request...later on there is no LUD'S or any news...Can you please let me know what our lawyer did was correct ????And how much time did it take for you to get this done...I really appreciate you help...
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  #18 (permalink)  
Old 08-04-2008, 04:55 PM
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NJpatel is infamous around these parts
Default Procedure for Interfilling at NSC...

BTW : this is the actual procedure followed by my immigration attorney.

Quote:
Originally Posted by NJpatel View Post
below are my details...


EB3-I140 PD: June, 2003 AD: Jan 07
I-485 NoticeDate : Sep 29-07
EB2-I140 PD: June 2007 AD: May-29-2008
( porting of PD requested during filing of EB2-i140, but approved I-140 still come with June 2007 PD )

Interfilling at USCIS NSC on 6/5/08
I-485 approval Date: Aug-1-08


below are the steps to follow if you are doing interfilling at NSC...

NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition

This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.

However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition.

For this to happen, two conditions must be met:
(1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested.
(2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.

According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category):

NSC asks to print the attached cover sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:

Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.

These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007
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  #19 (permalink)  
Old 08-04-2008, 07:23 PM
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Default

Quote:
Originally Posted by sidd View Post
Hi Folks,

My I-140 got approved recently. My attorney had requested to recapture the priority date from my prev. approved I-140. The USCIS has given the prev. PD, but there is a one day difference. (e.g. Prev. PD Oct. 25, 2006..... New PD that is given is Oct. 24, 2006 instead of Oct. 25, 2006). Can this be a problem of any kind in future at I-485 stage etc.? (I-485 not applied yet).

Thanks.
Congrats !! They not only recaptured the PD , but gave you a day advantage
My question is , Did you file I485 based on the old I140 ?

Question to All , Is it possible to re-capture the priority date from a I140 for which I485 has been filed ?


Say for example :
Application 1 : Labor , and I140 approved (EB3). I485 filed and pending.
Application 2 , Labor approved. Can I140 be filed with a request to recapture the PD from Application 1. Same employer in both cases.

What happens to the first case when :

a) Request to recapture has been granted.
b) Request to recapture has been denied.

Last edited by dontcareanymore; 08-05-2008 at 01:22 PM.
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  #20 (permalink)  
Old 08-04-2008, 07:41 PM
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Question I have similar situation

My I-485 was filed july 2,07 with PD of march 07. I had another I-140 with PD of dec 04.
Aug 1st, my lawyer "transmitted" a request to USCIS to process the 485 application with older PD.

Does anyone know how lawyers communicate to USCIS ??
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  #21 (permalink)  
Old 08-04-2008, 11:20 PM
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NJpatel is infamous around these parts
Default

Clarify your ?
"Is it possible to capture the date from a 485 files I140 ?"

"485 files I140?" not clear



Quote:
Originally Posted by dontcareanymore View Post
Congrats !! They not only recaptured the PD , but gave you a day advantage
My question is , Did you file I485 based on the old I140 ?

Question to All , Is it possible to capture the date from a 485 files I140 ?
__________________
PD : June 2003
EB3 India
I-140 approved Jan 07
I-485 filed July 07 ,
I-1485 NoticeDate Sep 21 07.
EB2-I140 with PD June 07 approved on May 29 08
Reqested for interfiling At NSC June-5-08
I-485 approved date : Aug 1-2008
NJ
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  #22 (permalink)  
Old 08-05-2008, 01:23 PM
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Default

Quote:
Originally Posted by NJpatel View Post
Clarify your ?
"Is it possible to capture the date from a 485 files I140 ?"

"485 files I140?" not clear
My mistake. A typo. Meant to be 485 filed I140. I rephrased the question to add clarity.
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  #23 (permalink)  
Old 08-27-2008, 03:28 PM
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nanz16 can only hope to improve
Default interfiling confusion

Hi,

Filed 485 in july 2007 with an existing approved 140 (EB3 /PD JUN 2003).
Now have a new approved (aug 11-2008) EB2 I140 with the pd (jun 2003) ported and appearing as the pd in the EB2 140.
In the beneficiary column of the new EB2 140 my A# (same as in my 485) appears and in the body of the 140 is the following statement
"The person this petition is for will be notified separately when a decision is reached on his /her pending adjustment of status application".
Here is my confusion. Does this mean i just have to sit tight or should a letter to interfile the new 140 with my 485 be sent.
My lawyer is not giving me clear answers. Can anyone throw some light on this?
Just waiting for this agony to end. Dont want to miss the last step in case there is one.
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  #24 (permalink)  
Old 08-27-2008, 04:01 PM
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Default

I am a little confused when a new I-485 application is required.

Consider the following scenario:

1. EB3 140/485 applied concurrently
2. EB3 140 approved
3. Started EB2 PERM
4. Approved EB2 PERM
5. While filing EB2 140, requesting PD of EB3
6. NSC fails to give an earlier PD, approves EB2 140 with EB2 PD
7. Is this when a new 485 is needed to be able to use the earlier PD?

If in step 6, NSC gave us the EB2 140 with EB3 PD, then we don't need to file another 485. Correct?
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  #25 (permalink)  
Old 08-27-2008, 04:06 PM
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Quote:
Originally Posted by indyanguy View Post
I am a little confused when a new I-485 application is required.

Consider the following scenario:

1. EB3 140/485 applied concurrently
2. EB3 140 approved
3. Started EB2 PERM
4. Approved EB2 PERM
5. While filing EB2 140, requesting PD of EB3
6. NSC fails to give an earlier PD, approves EB2 140 with EB2 PD
7. Is this when a new 485 is needed to be able to use the earlier PD?

If in step 6, NSC gave us the EB2 140 with EB3 PD, then we don't need to file another 485. Correct?
>> 7. Is this when a new 485 is needed to be able to use the earlier PD?
No. Send a note requesting recapture of earlier PD for pending I-485. Your lawyer should be able to do that.


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  #26 (permalink)  
Old 08-27-2008, 04:37 PM
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Quote:
Originally Posted by desi3933 View Post
>> 7. Is this when a new 485 is needed to be able to use the earlier PD?
No. Send a note requesting recapture of earlier PD for pending I-485. Your lawyer should be able to do that.


__________________
Not a legal advise.
"This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application."

Why does the poster use the word "another" ??
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  #27 (permalink)  
Old 09-17-2008, 03:47 PM
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I have the same issue. My EB3 I-140 with a priority date of 10/2/2002 approved in 20006. My EB2 with a priority date of 2007 was approved a month back, but the priority date wasn't captured. My lawyer is now writing a letter to TSC to recapture the priority date. Is this the best way to follow up on this issue?
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  #28 (permalink)  
Old 09-19-2008, 03:19 PM
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Default Tricky issue- "affirmative misconduct" at TSC premium processing center

I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).


My lawyer says we will not win and does not want to do it. Any advice?
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  #29 (permalink)  
Old 10-03-2008, 06:32 PM
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Default Successful porting of PD

This week, my employer received approval of my I-140 under EB2 with priority date ported from an earlier approved I-140 under EB3. Same employer. The EB2 had PD of April 2007 whereas the EB3 has a PD of Aug 2002.

Interfiling is not necessary in my case since the 485 was filed concurrently with the new I-140.

This is the best news I have got in a long time. Strangely though, the USCIS website is still not showing any action on the I-140 application. There is just a soft LUD on the approval date: Sep 23, 2008. Approval came in the mail.
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  #30 (permalink)  
Old 10-03-2008, 07:26 PM
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Quote:
Originally Posted by akgind View Post
This week, my employer received approval of my I-140 under EB2 with priority date ported from an earlier approved I-140 under EB3. Same employer. The EB2 had PD of April 2007 whereas the EB3 has a PD of Aug 2002.

Interfiling is not necessary in my case since the 485 was filed concurrently with the new I-140.

This is the best news I have got in a long time. Strangely though, the USCIS website is still not showing any action on the I-140 application. There is just a soft LUD on the approval date: Sep 23, 2008. Approval came in the mail.

Can you please explain how you did it.

You said your EB2 had PD of April 2007, but you got it corrected after it got approved?

Can you please explain in detail what you did.
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