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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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Old 04-12-2009, 11:08 PM
Junior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/16/2007
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Join Date: Apr 2008
Posts: 4
shyam619 is on a distinguished road
Default PD porting question

Hello Readers,

I have an approved Labor and approved I-140 but the I-485 is pending. Though I have an EAD, I am still working on H1. I am planning to change my employer soon using a H1 transfer and wanted to find out the following from you experts:

1. Do I HAVE to port my PD with the new company I plan to join and re-apply Labor and I-140?
2. Can I just join my new employer with a H1 transfer and wait till the PD becomes current for my existing I-485 to be considered for approval?
3. Will the whole process repeat again and all I can salvage from the previous process is just the PD?

Please provide your opinion.

Regards.
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  #2 (permalink)  
Old 04-13-2009, 04:44 AM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Sep 2006
Posts: 776
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1. Do I HAVE to port my PD with the new company I plan to join and re-apply Labor and I-140?

No, you dont have to.

2. Can I just join my new employer with a H1 transfer and wait till the PD becomes current for my existing I-485 to be considered for approval?

Yes.

3. Will the whole process repeat again and all I can salvage from the previous process is just the PD?

No, your current pending 485 continues as long as your new job is in the same/similar role as in the original labor application and it has been more than 180 days since your 485 is applied.
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