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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 03-12-2009, 01:20 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 Timing of Porting priority date ?

Dear Friends,

I have an approved I-140 with PD of Mar 06, but i left this company to join a new company. I have tried many times to file PERM through this new company but still unsuccessful. I am waiting to withdraw my PERM appeal to file a new PERM since January 09 (so folks don't ask me to update my profile because i am yet to file PERM, I have updated my profile three times since 2006 and also cleared it).

Question: When i spoke to my company's lawyer regarding my earlier I-140 they say that first i need to get my PERM approval (I agree) and than i need to get my I-140 approval (Which i am not sure) inorder to port priority date, is it true? Can't we port Priority date along with I-140 application itself?

Thanks,
R.

Last edited by ivar; 03-12-2009 at 01:53 AM. Reason: Title changed
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  #2 (permalink)  
Old 03-12-2009, 04:22 AM
Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
08/13/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/13/2007
Compare
Join Date: Oct 2007
Posts: 25
unknown123 is an unknown quantity at this point
Default

I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD
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  #3 (permalink)  
Old 03-12-2009, 04:45 AM
Donor
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
10/14/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/16/2006
Compare
Join Date: Jan 2009
Posts: 117
champu has a spectacular aura about champu has a spectacular aura about
Default

Quote:
Originally Posted by unknown123 View Post
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD

if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
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  #4 (permalink)  
Old 03-12-2009, 11:54 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 I am going to file a NEW PERM

Quote:
Originally Posted by unknown123 View Post
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD
I am going to file a new PERM and new I-140. Assuming the time taken to get new PERM approved is 1 year or 1.5years and than to file new I-140 and to get I-140 approval is going to take a long long time. So my question was after getting the new perm approval can we file new I-140 along with the copy of old approved I-140 from another company or I have to wait to get my new I-140 approved inorder to port priority date. My older I-140 also belongs to EB2 category and new PERM application will also be in EB2.

Thanks.
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  #5 (permalink)  
Old 03-12-2009, 11:59 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 Same category but different employer

Quote:
Originally Posted by champu View Post
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.

Thanks.
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  #6 (permalink)  
Old 03-12-2009, 01:33 PM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/04/2008
Compare
Join Date: Feb 2007
Posts: 52
aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts
Default

You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

Hope this helps.




Quote:
Originally Posted by ivar View Post
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.

Thanks.
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  #7 (permalink)  
Old 03-12-2009, 03:08 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jan 2008
Posts: 151
nashim will become famous soon enough
Default

Hi Gurus,
Here is my case:
Employer A:
I am working with employer A,
Approved I140, EB3, PD Dec 2004, I485 filed on Jun 30, 2007, Got EAD and AP

Employer B:
Future employer,
Approved I140, EB2, PD Aug 2004

Note: A# is same on both approved I140 and pending I485.

My question is, do I need to request for interchange of I140 from EB3 to EB2 or it will be automatically done since A# is same on both approved I140. I really appreciate your response. Thanks
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  #8 (permalink)  
Old 03-12-2009, 04:24 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 Old I-140 is approved

Quote:
Originally Posted by aamchimumbai View Post
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

Hope this helps.
My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.

Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.


Thanks.
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  #9 (permalink)  
Old 03-12-2009, 06:56 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

Quote:
Originally Posted by ivar View Post
Dear Friends,

I have an approved I-140 with PD of Mar 06, but i left this company to join a new company. I have tried many times to file PERM through this new company but still unsuccessful. I am waiting to withdraw my PERM appeal to file a new PERM since January 09 (so folks don't ask me to update my profile because i am yet to file PERM, I have updated my profile three times since 2006 and also cleared it).

Question: When i spoke to my company's lawyer regarding my earlier I-140 they say that first i need to get my PERM approval (I agree) and than i need to get my I-140 approval (Which i am not sure) inorder to port priority date, is it true? Can't we port Priority date along with I-140 application itself?

Thanks,
R.
Friends,

Any advice on above post.

Thanks.
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  #10 (permalink)  
Old 03-12-2009, 09:04 PM
Donor
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
10/14/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/16/2006
Compare
Join Date: Jan 2009
Posts: 117
champu has a spectacular aura about champu has a spectacular aura about
Default

Quote:
Originally Posted by ivar View Post
Friends,

Any advice on above post.

Thanks.
This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
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  #11 (permalink)  
Old 03-12-2009, 09:08 PM
Donor
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
10/14/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/16/2006
Compare
Join Date: Jan 2009
Posts: 117
champu has a spectacular aura about champu has a spectacular aura about
Wink

Quote:
Originally Posted by champu View Post
This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation


Now why I suggested you yesterday not to do it -

2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-

we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...
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  #12 (permalink)  
Old 03-13-2009, 01:45 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.

Quote:
Originally Posted by champu View Post
This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation

Thanks for your response.
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  #13 (permalink)  
Old 03-20-2009, 06:00 PM
Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2008
Posts: 26
herns is infamous around these parts herns is infamous around these parts
Default

Quote:
Originally Posted by champu View Post
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
Champu,

What is the basis of I-140 priority date? is it when the I-140 was filed or when it got approved?

Here is an EXAMPLE for you and to everyone else to understand easily:

I-140 filed Jan 6 2006
I-140 approved Feb 6 2007

is the PD Jan 6, 2006 or feb 6 2007?
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  #14 (permalink)  
Old 03-20-2009, 06:11 PM
Donor
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
10/14/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/16/2006
Compare
Join Date: Jan 2009
Posts: 117
champu has a spectacular aura about champu has a spectacular aura about
Default

eb1- I140; otherwise LC
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  #15 (permalink)  
Old 03-20-2009, 06:12 PM
Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2008
Posts: 26
herns is infamous around these parts herns is infamous around these parts
Default

Im EB3. so should I say my PD is the filing date?
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