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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 11-18-2008, 08:29 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
12/17/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
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Join Date: Jan 2006
Posts: 81
supers789 has a spectacular aura about supers789 has a spectacular aura about
Default i140 PD transfer with new i140 application / 485 app time?

I have i140 approved from previous employer with PD as Dec 05.
Recently I received my PERM approved with current employer, and hence i want to file i140 with this employer.

Question I have is -

Should I ask employer to transfer PD now, or transfer at the time I get to file i485, ie when PD for old i140 becomes current.

The reason i am asking is ---

My current employer's attorney suggest that employer should revoke i140 if employee leaves company. So in that case, if i have transferred PD from old employer, will I lose that PD completly, if current employer revokes i140 if I end up leaving company before filing i485?

Thanks!
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  #2 (permalink)  
Old 11-18-2008, 10:02 PM
Senior Member
Priority Date
:
Jun-03
Category
:
EB2
I140 Mailed Date
:
03/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2007
Posts: 287
desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute desi485 has a reputation beyond repute
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Originally Posted by supers789 View Post
I have i140 approved from previous employer with PD as Dec 05.
Recently I received my PERM approved with current employer, and hence i want to file i140 with this employer.

Question I have is -

Should I ask employer to transfer PD now, or transfer at the time I get to file i485, ie when PD for old i140 becomes current.

The reason i am asking is ---

My current employer's attorney suggest that employer should revoke i140 if employee leaves company. So in that case, if i have transferred PD from old employer, will I lose that PD completly, if current employer revokes i140 if I end up leaving company before filing i485?

Thanks!
I-140 once approved, awards the PD to candidate for life. You can either do PD porting at the time of I-140 or when you file I-485. However its better to do it at 140 stage; is more clear way of doing it. But if you fear wrongdoing on your employers part, like not sharing the I-140 copy (my employer doesn't share) then, keep old one with you - You will still get an option to use it when you file 485. Either way its fine.
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  #3 (permalink)  
Old 11-20-2008, 03:10 AM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
12/17/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 81
supers789 has a spectacular aura about supers789 has a spectacular aura about
Default

It is not abt not sharing i140. I believe big attorney firms recommend revoking i140 if employee leaves the company. hence even if u have copy of i140, if its revoked, its of no use for u in future.

If I transfer my PD while applying for i140 with current employer, and tomorrow if I have to leave job (before filing i485), and if current employer revokes i140, do I loose my old PD as well?

If yes, should I rather have it transferred while applying for i485 when PD if i485 becomes current, and I am still employed with current employer.

Thanks!
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