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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 04-29-2013, 01:38 PM
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Default Changing employers with I140 approved and moving from EB3 to EB2.

Hi Friends,
I apologize if this is a duplicate thread. I just got my I140 approved in EB3 category and I am wanting to change my job to an employer who is willing to re-file my GC in EB2 category. My question is whether I can I reuse my current priority date with my new employer who will file my GC in Eb2 Category.

Thanks for your help

AB
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  #2 (permalink)  
Old 04-29-2013, 03:04 PM
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I think yes
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  #3 (permalink)  
Old 04-29-2013, 04:38 PM
SGP SGP is offline
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Quote:
Originally Posted by abhishekc17 View Post
Hi Friends,
I apologize if this is a duplicate thread. I just got my I140 approved in EB3 category and I am wanting to change my job to an employer who is willing to re-file my GC in EB2 category. My question is whether I can I reuse my current priority date with my new employer who will file my GC in Eb2 Category.

Thanks for your help

AB
Yes you can for sure port your EB3 priority date when you file for EB2. Please consult your attorney to make sure that you qualify for EB2. FYI, you will have to start all over again with the documentation with your new employer beginning from "LCA-Labor" stage

Good Luck.
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GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
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  #4 (permalink)  
Old 04-30-2013, 10:32 AM
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Default

Thank you guys for your advice. I know for the fact that my whole Perm process will repeat about I did not want to loose my priority date. Will I get to keep my priority date even if my current employer revokes my GC processing after I change my job?
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  #5 (permalink)  
Old 04-30-2013, 10:42 AM
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Default PD can be ported even if previous I140 is cancelled

Yes, PD can be ported even if previous I140 is cancelled by the employer, but USCIS revoking will be a different issue.

Please refer below link, hope this helps

Priority Dates can be carried forward even if old I-140 is revoked | Immigration.Com - Law Offices of Rajiv S. Khanna, PC
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  #6 (permalink)  
Old 04-30-2013, 10:56 AM
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abhishekc17. Yes others had pointed out, you can port your PD. You will just need the 140 Approval Receipt, or copy of the 140 Application doc with approval stamp. The x-employer revoking the current 140 will not have any effect on the option of porting PD. Only thing is if you are over H1b 6 yrs, then the 140 should be valid at the time of making the transfer (H1b for new employer), at that instance your 140 must be valid - which I believe it would be, because you can apply for the transfer in premium mode get the approval in two weeks, and then put your paper.
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  #7 (permalink)  
Old 04-30-2013, 11:51 AM
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Thank you FlyingCrow and others. I appreciate your help.
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  #8 (permalink)  
Old 04-30-2013, 02:32 PM
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If I have an approved I-140 and I am changing employer, how fast does the other employer need to file my GC for me to retain the priority date? Also I have 3-4 years left on the H1B
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  #9 (permalink)  
Old 07-22-2013, 04:47 PM
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I am working on Ead WITH current employer.My case is EB 3 (March 2005 Priority Date
i-140 approved)
My company is a Japanese MNC.I need to request my current Employer,to file a EB 2 perm case,later on will do a priority date transfer.

How do i go about it. The folks in my company have very limited knowledge,about the immigration matters.I did send a AC 21 letter with the help of my current attorney

Any help is welcome.
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  #10 (permalink)  
Old 07-23-2013, 12:50 PM
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Make a simple powerpoint presentation and simplify the process yourself. Explain it to them in a presentation. If you talk or have someone else talk, they will confuse and scare on cost and too much paperwork issues.
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