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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 05-18-2009, 12:07 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
10/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2010
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Join Date: Jun 2007
Posts: 305
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Default !40 approved with ex-employer, going back --- Need Info

My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

Thanks
Member of north calif
dontation : $500
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  #2 (permalink)  
Old 05-18-2009, 01:39 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Philippines
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 651
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If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

Once your PD becomes current, then you can file I-485.
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  #3 (permalink)  
Old 05-18-2009, 06:42 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
10/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2010
Compare
Join Date: Jun 2007
Posts: 305
permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute
Default clarifying

Quote:
Originally Posted by JunRN View Post
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

Once your PD becomes current, then you can file I-485.
I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.
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