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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 08-13-2008, 02:41 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
Posts: 199
funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold
Default 2 I140's, interfiling/PD porting..What are the options?

Hi Folks

I have 2 Approved I140's.

EB3-I PD oct 10, 2003 - Approved - TSC
EB2-I PD July 6th 2006 - Approved - NSC

I filed my 485 on july 2nd 2007 - TSC

RD July 2 2007
ND Aug 16th 2007.

My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.

I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.

Thanks
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  #2 (permalink)  
Old 08-13-2008, 03:03 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
09/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Join Date: Feb 2006
Posts: 188
for_gc is infamous around these parts for_gc is infamous around these parts
Default

Hi Funny,

When were your respective I140s approved ? Were they with the same or different employer ?
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  #3 (permalink)  
Old 08-13-2008, 03:09 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
12/12/2004
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 238
hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice
Lightbulb mine-same case

Hi,
I have same case.
X:EB2-I-140-PD DEC 2004 approved JAN 2008
Y: EB2-I-140-PD DEC 2007 approved July 2007

485 filed on Jul2 2007 with Y I-140

On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.

Still no LUD on I-485/I-140...
Anyone knows how long it takes for such cases?
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  #4 (permalink)  
Old 08-13-2008, 03:15 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
12/14/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/06/2007
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Join Date: Mar 2007
Posts: 50
ss_col is on a distinguished road
Default

Hi,

Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

Thanks
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  #5 (permalink)  
Old 08-13-2008, 03:19 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 199
funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold
Default

Quote:
Originally Posted by for_gc View Post
Hi Funny,

When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
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  #6 (permalink)  
Old 08-13-2008, 03:20 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 199
funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold funny is a splendid one to behold
Default

Quote:
Originally Posted by ss_col View Post
Hi,

Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
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  #7 (permalink)  
Old 08-14-2008, 01:35 AM
Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
Posts: 53
larmani is infamous around these parts
Default EB2 I-140 priority date recapture issue - URGENT

I am also in the same boat.

I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
Service Center. HUG..!!

Did any one in the similar situation? How did you resolve?


Appreciate your help.
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  #8 (permalink)  
Old 08-14-2008, 02:30 AM
Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 53
larmani is infamous around these parts
Default

Quote:
Originally Posted by funny View Post
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
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  #9 (permalink)  
Old 09-04-2008, 02:58 PM
Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 53
larmani is infamous around these parts
Default

Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!
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  #10 (permalink)  
Old 09-04-2008, 03:28 PM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
12/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2007
Posts: 81
deafTunes123 will become famous soon enough deafTunes123 will become famous soon enough
Default

My Lawyer sent a letter explaining to port from EB3 to EB2. He attached both the copies of the approved I-140s. btw. my new approved I-140 has the priority date of EB3. Lawyer request to port the PD from EB3 to EB2 at the time of I-140 application.

He also mentioned the A# no.s in the Cover Letter.
Also my Approved I-140 has the A# printed in the beneficiary column.

Hope this helps.

I am hoping that PD is ported successfully.

Quote:
Originally Posted by ss_col View Post
Hi,

Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

Thanks
__________________
Regards,
Thun
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  #11 (permalink)  
Old 09-04-2008, 03:36 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jan 2008
Posts: 151
nashim will become famous soon enough
Default

Attorney needs to ask for PD porting while applying new I140. Once new I140 is approved with old PD then send a interfiling letter along with a copy of new approved I140 for adjustment of the pending I485 which is based on old I140.
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