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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 12-07-2011, 03:20 PM
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Priority Date
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N/A
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EB2
I140 Mailed Date
:
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Join Date: May 2007
Posts: 28
dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts dmitri is infamous around these parts
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only hope for EB3 folks ( like me)
is
something like July 2007 fiasco
or
HR 3012....
keep praying everyone....
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  #17 (permalink)  
Old 12-15-2011, 10:45 PM
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nekkanti is on a distinguished road
Default I140 revoked solution

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and remind them about Yates Memo, which clearly says earliest priority date should be recaptured unless petition was revoked due to fraud or misrepresentation.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

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