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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 05-03-2011, 03:27 PM
Junior Member
Priority Date
:
Jul-04
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 5
mn_finch is on a distinguished road
Default Porting Prio Date if I140 gets rejected

Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.
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  #2 (permalink)  
Old 05-03-2011, 03:33 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by mn_finch View Post
Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.
If the I-140 is not approved, you can not retain the PD.
__________________
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# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

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111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #3 (permalink)  
Old 05-04-2011, 02:26 PM
Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 53
getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute getgreensoon1 has a reputation beyond repute
Default

Quote:
Originally Posted by mn_finch View Post
Employer A --> Previous Employer
Employer B --> Current Employer

My Labor (EB2 category) has been applied by Employer B for whom I am currently working.
My I-140 application thru Employer A, is pending an appeal. I140 was originally rejected on ground of bad financial stand of Employer A. An appeal has been made.

(i) Given that the appeal is pending, can the Priority Date from previous Labor Cert be retained / ported to current Green Card appl?

(ii) And, if the appeal finally gets rejected/revoked, can the Priority Data be still retained?
If I140 appeal gets rejected, it won't be for for fraud or misrepresentation, but Employer A's bad financial state / inability to pay.

Your feedback will help. Thanks.


Your case also looks to be a combination of shady desi consultant and EB2 porting fraud. Priority date is attached to the i140 not the labor, even though the day labor is applied is considered pd. The labor does not even have the name of the candidate. I140 is the document that states that the candidate has the credentials to take the labor certified job. in your case, the I140 itself is rejected, so the labor certified job was not assigned to a candiate. Now you are saying they should allow you to retain the priority date that was never yours ?
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  #4 (permalink)  
Old 05-04-2011, 02:48 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 353
Blog Entries: 1
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Default

Quote:
Originally Posted by getgreensoon1 View Post
Your case also looks to be a combination of shady desi consultant and EB2 porting fraud. Priority date is attached to the i140 not the labor, even though the day labor is applied is considered pd. The labor does not even have the name of the candidate. I140 is the document that states that the candidate has the credentials to take the labor certified job. in your case, the I140 itself is rejected, so the labor certified job was not assigned to a candiate. Now you are saying they should allow you to retain the priority date that was never yours ?
Why it has to be a fraud? Just do not jump to conclusion. He is asking if that is possible. say it is not possible.
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  #5 (permalink)  
Old 05-04-2011, 02:57 PM
Junior Member
Priority Date
:
Jul-04
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 5
mn_finch is on a distinguished road
Default Porting Prio Date if I140 gets rejected

This helps - thank you all.
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