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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 09-04-2008, 05:34 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Apr 2006
Posts: 18
sanam9696 has a spectacular aura about sanam9696 has a spectacular aura about
Default I140 PD xfer - Date Corrected

I485 was rejected twice during Aug08 because of wrong PD on I140 approval, even though clear request was made to xfer the PD.

Here are some of the steps to avoid the problem and to correct the problem, if it still happens..It might not work always though..

some on this forum recommended that always check your I140 receipt for PD(if u have requested PD xfer), if it is blank, chances are there for error. Mine was blank.

Though my lawyer is good, his reply was discouraging regarding the chances of getting it corrected.

Lawyer initiated a liaison inquiry; however later I found our that the liason lawyer was crap and advised the same step, which were already done. Also don't go thru your senator/congressman, if liaison inquiry is on because service center responds to only one inquiry..don't know how about the truth

Opened service request twice thru employer after waiting for 5 days betn two inquiries. This is crucial, if the person on the phone don't understand the case than it won't do any good. I was lucky second time, because the agent asked about all the information incl receipt no of previous approval.

received an email (if u r registered with USCIS)..regarding correction after one week on second SR

rcvd notice 5 days after email

in total it took 20 days to resolve the issue..I was told that, it might take six months..I don't know what has worked
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  #2 (permalink)  
Old 09-04-2008, 06:18 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 Hello Sanam9696

Very informative. Thanks for posting. I am in the same boat as you.
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  #3 (permalink)  
Old 09-17-2008, 04:03 PM
Member
Priority Date
:
Oct-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 57
virginia_desi has a spectacular aura about virginia_desi has a spectacular aura about
Default

Quote:
Originally Posted by sanam9696 View Post
I485 was rejected twice during Aug08 because of wrong PD on I140 approval, even though clear request was made to xfer the PD.

Here are some of the steps to avoid the problem and to correct the problem, if it still happens..It might not work always though..

some on this forum recommended that always check your I140 receipt for PD(if u have requested PD xfer), if it is blank, chances are there for error. Mine was blank.

Though my lawyer is good, his reply was discouraging regarding the chances of getting it corrected.

Lawyer initiated a liaison inquiry; however later I found our that the liason lawyer was crap and advised the same step, which were already done. Also don't go thru your senator/congressman, if liaison inquiry is on because service center responds to only one inquiry..don't know how about the truth

Opened service request twice thru employer after waiting for 5 days betn two inquiries. This is crucial, if the person on the phone don't understand the case than it won't do any good. I was lucky second time, because the agent asked about all the information incl receipt no of previous approval.

received an email (if u r registered with USCIS)..regarding correction after one week on second SR

rcvd notice 5 days after email

in total it took 20 days to resolve the issue..I was told that, it might take six months..I don't know what has worked
I have the same issue. My company lawyers opened a SR with the National Service Center and nothing came out of it after a month. My lawy firm had an infopass appointment today and they were told to write a letter to the TSC. Should I also open a SR or should I let my lawyers handle the case? Will there be a benefit of writing a letter?
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  #4 (permalink)  
Old 09-18-2008, 09:10 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
08/07/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2006
Compare
Join Date: Jan 2006
Posts: 176
bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of bluekayal has much to be proud of
Default I-140 priority date confusion and "affirmative misconduct"

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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