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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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  #16 (permalink)  
Old 12-13-2011, 04:36 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
11/03/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/11/2007
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Join Date: Mar 2006
Posts: 82
Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light
Post Ac-21

So , I wonder what will happen if you switch to a new employer and file AC-21 and your previous employer revokes your 1-40. Are you now without any valid PD? Can you even do things such as renew your EAD and AP?
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  #17 (permalink)  
Old 12-14-2011, 04:36 PM
Junior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
03/08/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 9
chikki77 is on a distinguished road
Default IF you applied for AC-21 (180 days after reciept date of I485) you retain prioerty da

Alien,

IF you applied for AC-21 (180 days after reciept date of I485) you retain earlier priority date.

Topic being discussed here is for folks who have not applied for COS (I-485) yet and earlier employer who applied for LABOR and I-140, revokes I-140 as the beneficiary has changed employers.


You should be fine as from your profile it looks like you have applied for I-485 and AC-21.


Thanks
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  #18 (permalink)  
Old 12-14-2011, 04:45 PM
Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
04/15/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 93
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Default Request for conversion of eb-3 priority date to eb-2 petition

In my case, I have two I140 with different priority date and category. My lawyer has requested for "REQUEST FOR CONVERSION OF EB-3 PRIORITY DATE TO EB-2 PETITION". I am guessing that my case is under review with VO before they cash out my check and issue me receipt.

MD : Nov/30
RD : Dec/1
Center : TSC
Check cash out dt: ??
ND : ??
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  #19 (permalink)  
Old 12-15-2011, 10:41 PM
Junior Member
Priority Date
:
Aug-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 2
nekkanti is on a distinguished road
Default If I140 got revoked?

But there are many cases with USCIS, where old priority date is not recaptured on new filings even if previous employer revokes old approved I-140 due to retaliation or due to company's policy to annually revoke cases for former employees. In these circumstances, employee or new employer should call National Service Center and talk to representative and remind them about Yates Memo, which clearly says earliest priority date should be recaptured unless petition was revoked due to fraud or misrepresentation. If you will talk to them nicely and puftorth your case by referencing Yates Memo, you might be able to convince them to recapture old PD. See excerpt from Yates Memo below.


From: William R. Yates

Date: 09/23/05

Re: Interim Guidance Regarding the Impact of the Department of Laborís (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year.

Revisions to Adjudicatorís Field Manual (AFM) Chapters 22.2(b)(2), 22.2(b)(3)(B), 22.2(b)(3)(F), (22.2(b)(5) and 33.3(g)(8) (AFM Update AD 05-15)
.....
In those cases where the alienís priority date is established by the filing of the labor certification, once the alienís Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification

Direct url for above info
http:///2011/01/how-to-know-if-old-i-140-has-been.html
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