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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 03-20-2009, 08:42 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default Your Labour filing date

Quote:
Originally Posted by herns View Post
Im EB3. so should I say my PD is the filing date?
Your Labour filing date.
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  #17 (permalink)  
Old 03-20-2009, 08:47 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default My question was..

Friends, my question was timing of porting priority date, to put the question in one line as below,

Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.

Thanks.
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  #18 (permalink)  
Old 03-20-2009, 10:46 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Oct 2006
Posts: 477
pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute
Default Question to Champu

Champu,
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.
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  #19 (permalink)  
Old 06-28-2010, 03:29 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default Thanks everyone

Thanks everyone for all the information you guys provided. I successfully ported my Priority date.
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  #20 (permalink)  
Old 06-30-2010, 12:32 AM
Senior Member
Priority Date
:
Jul-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2008
Posts: 124
sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute sdeshpan has a reputation beyond repute
Default Congrats!

Quote:
Originally Posted by ivar View Post
Thanks everyone for all the information you guys provided. I successfully ported my Priority date.
In the interest of others in a similar situation can you post the exact process that you or your lawyer finally followed to get a successful porting of PD?
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  #21 (permalink)  
Old 06-30-2010, 10:34 AM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default EB2 to EB2 porting

I had a copy of approved I-140 (EB2) with PD Mar 06. I had to file for new labor in Apr 09, after i got my labor my lawyer filed for new I-140 with a copy of earlier approved I-140. I remember she was saying that they will also write a cover letter to recapture earlier priority date (I don't have a copy of that). So i believe porting can be done easily when filing new I-140 rather than after I-140 approval (i am not saying you cannot do after new I-140 approval but it takes extra effort, time and energy ).


Quote:
Originally Posted by sdeshpan View Post
In the interest of others in a similar situation can you post the exact process that you or your lawyer finally followed to get a successful porting of PD?
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  #22 (permalink)  
Old 06-30-2010, 03:24 PM
Junior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/06/2011
Compare
Join Date: Jun 2010
Posts: 21
DudefromBombay is just really nice DudefromBombay is just really nice DudefromBombay is just really nice DudefromBombay is just really nice
Default

HI Ivar,

So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
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  #23 (permalink)  
Old 06-30-2010, 04:37 PM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default

My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..

Quote:
Originally Posted by DudefromBombay View Post
HI Ivar,

So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
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  #24 (permalink)  
Old 06-30-2010, 05:13 PM
Junior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/06/2011
Compare
Join Date: Jun 2010
Posts: 21
DudefromBombay is just really nice DudefromBombay is just really nice DudefromBombay is just really nice DudefromBombay is just really nice
Default

Thanks Ivar for your reply.
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  #25 (permalink)  
Old 06-30-2010, 06:47 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2010
Posts: 14
pagalForGC will become famous soon enough pagalForGC will become famous soon enough
Default How long does it take?

Quote:
Originally Posted by DudefromBombay View Post
Thanks Ivar for your reply.
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
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  #26 (permalink)  
Old 06-30-2010, 07:09 PM
Senior Member
Priority Date
:
N/A
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Red face

As far as I know if the old I-140 is revoked or withdrawn before new I-140 approval one can not port PD.

Quote:
Originally Posted by ivar View Post
My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..
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  #27 (permalink)  
Old 06-30-2010, 07:38 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

This is my understanding. Please cross check with a lawyer.

Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.

Here are posts from Ron Gotcher:

Does approval of I140 change your status in anyway?

Establishment and retentions of employment based priority dates
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  #28 (permalink)  
Old 07-01-2010, 10:43 AM
Donor
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
04/07/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
09/27/2010
Compare
Join Date: Sep 2006
Posts: 224
ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute ivar has a reputation beyond repute
Default

In the present situation i believe it would take around 1.5 years to 2 years if you start by preparing for labor and by the time you get your labor and new I-140.

If you ask me about audit, its better i don't scare people, i started this porting process in Jun 07 by applying labor and it got audited after a long wait it got denied, my lawyer filed an appeal and we waited for 10 months still no answer so we applied for withdrawal even that took long time and finally applied for new labor in Apr 09.. so don't get scared it doesn't happen to everyone.. maybe 1 in million case

Quote:
Originally Posted by pagalForGC View Post
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
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