Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > 140 stage > Priority dates transfers and Post 140-approval options
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 06-23-2009, 02:08 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/08/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 193
vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Question I140 kept in abeyance for pending appeal.

Long story short ,

My i140 applicationfor previous labor application with priority date 2004 June was denied
Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?
__________________
Contributed 1200$
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 06-23-2009, 02:25 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by vallabhu View Post
Long story short ,

My i140 application for previous labor application with priority date 2004 June was denied. Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?
What was the reason for preious I-140 denial? Ability to Pay?

If the reason for denial is employer related, then it can effect other I-140s filed by the same employer.


_________________
Not a legal advice.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 06-23-2009, 03:17 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/08/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 193
vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Default

No its not ability to pay, I have three year degree the initial labor stated required qualification as math Major and 3 year degree accepted. and they argued mine is not a math major as i have three different subjects in Bsc.

new application we changed that and added any combination of sciences is accepted.
__________________
Contributed 1200$
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 06-23-2009, 03:28 PM
ganguteli
Guest
Posts: n/a
Default

Oh no. You are in mucho grande problem. Take a frozen burritto and hit the person who prepared your application with it. It was common sense to get the degree requirements right. Were they inexperienced?

You have lost your time, money and sleep for someone's mistake.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #5 (permalink)  
Old 06-23-2009, 03:47 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
02/02/2008
Chargeability
:
Pakistan
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 108
Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute
Default Similar case, different outcome

Quote:
Originally Posted by vallabhu View Post
Long story short ,

My i140 applicationfor previous labor application with priority date 2004 June was denied
Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?
I have a similar case. My first I-140 was filed in EB3 and was denied as my 3 year degree was not considered equivalent to a 4-year degree. I filed an appeal with AAO and started the process from scratch. At that time I had received my second bachelor and was enrolled in a Masters program.

The 2nd labor was in EB3 also and was approved. A few month ago, my I-140 was approved and USCIS automatically linked it with my pending 485 and this happened without the dates being current. You can search my previous posts to see more detail.

Hope things work out for you.
__________________
Member SoCal Chapter
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 06-23-2009, 04:41 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/08/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 193
vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Default

Hi Better_Days , Thanks for your reply Was your I140 applied while AAO was pending or was it applied after AAO decision was taken.

Did you have to with draw your AAO appeal for i140 to be processed.
__________________
Contributed 1200$
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 06-23-2009, 04:52 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/08/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 193
vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Default

Hi Better days,

i have sent you a private note.
__________________
Contributed 1200$
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 06-23-2009, 05:52 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
02/02/2008
Chargeability
:
Pakistan
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 108
Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute Better_Days has a reputation beyond repute
Default

Quote:
Hi Better_Days , Thanks for your reply Was your I140 applied while AAO was pending or was it applied after AAO decision was taken.
I140 was applied while the AAO was pending

Did you have to with draw your AAO appeal for i140 to be processed.[/quote]
Nope.
__________________
Member SoCal Chapter
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 06-23-2009, 05:54 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
02/08/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 193
vallabhu has a spectacular aura about vallabhu has a spectacular aura about
Default

Hi Better days,

Thanks for the reply , that information helps, we will reply to them saying this is different labor and hence needs to be adjudicated and cannot be put in abeyance.
__________________
Contributed 1200$
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1 Visa Extension while I-140 appeal pending rbashir Documents, Filing, forms, directions and mailing 5 04-09-2008 02:40 PM
Filing Appeal to AAO and New I140 at the same time, HELP !!! vallabhu All other Green Card Issues 3 03-05-2008 01:25 PM
H1-B Extension 9th year, Orig labor I-140 appeal & pending, Sub LC I-140/I485 Pending sts_seeker Out of status, employment gap and status revalidation 4 11-30-2007 02:13 PM
New I 140 possible in case of appeal pending on old I 140 rejection? cagedcactus Ability to pay issues and other 140 RFEs etc. 11 08-15-2007 08:44 PM
140 Appeal Pending, can i file 485 permfiling All other Green Card Issues 0 07-18-2007 03:45 PM



All times are GMT -4. The time now is 10:04 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org