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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 07-23-2008, 02:05 AM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
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:
India
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:
I-485
I485 Mailed Date
:
09/04/2008
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Default I-140/485 returned..now what?

All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai
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  #2 (permalink)  
Old 07-23-2008, 02:08 AM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
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Default

Did you send them a copy of the approved I-140 and request them to port the PD?
Also, do you know if your previous I-140 has been withdrawn?

Quote:
Originally Posted by aamchimumbai View Post
All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai
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  #3 (permalink)  
Old 07-23-2008, 07:41 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Default

Quote:
Originally Posted by aamchimumbai View Post
All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
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  #4 (permalink)  
Old 07-23-2008, 09:44 AM
Senior Member
Priority Date
:
Dec-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 1,318
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Default

Quote:
Originally Posted by aamchimumbai View Post
All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai
(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.
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  #5 (permalink)  
Old 07-23-2008, 11:01 AM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Join Date: May 2007
Posts: 714
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Default

Quote:
Originally Posted by aamchimumbai View Post
All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai
You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

Now all you have to do is wait for your 140 to be approved.
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  #6 (permalink)  
Old 07-23-2008, 11:43 AM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/04/2008
Compare
Join Date: Feb 2007
Posts: 52
aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts
Default

Quote:
Originally Posted by meridiani.planum View Post
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

Thanks again to all your responses.
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  #7 (permalink)  
Old 08-04-2008, 06:11 PM
Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
09/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
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Blog Entries: 1
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In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.



Quote:
Originally Posted by aamchimumbai View Post
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

Thanks again to all your responses.
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  #8 (permalink)  
Old 08-04-2008, 06:18 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB2
I140 Mailed Date
:
03/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Default Why Lucky ?

[quote=aamchimumbai;266413]All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!


What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .

I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
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  #9 (permalink)  
Old 08-04-2008, 08:10 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
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Join Date: May 2006
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Default similar sit and my 485 was accepted with older pd

Quote:
Originally Posted by NJpatel View Post
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
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  #10 (permalink)  
Old 08-04-2008, 10:44 PM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/04/2008
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Join Date: Feb 2007
Posts: 52
aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts
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Quote:
Originally Posted by a1b2c3 View Post
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,

When you say similar situation....

.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?

Thanks
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  #11 (permalink)  
Old 08-05-2008, 01:51 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

it was pending..pls check the PM I sent you.
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  #12 (permalink)  
Old 08-05-2008, 02:39 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
01/01/2001
Chargeability
:
United States
Processing Stage
:
N/A
I485 Mailed Date
:
01/01/2001
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Quote:
Originally Posted by a1b2c3 View Post
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
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  #13 (permalink)  
Old 08-06-2008, 12:03 AM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/04/2008
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Join Date: Feb 2007
Posts: 52
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Quote:
Originally Posted by a1b2c3 View Post
it was pending..pls check the PM I sent you.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.

I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!

Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
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