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
  #16 (permalink)  
Old 09-01-2006, 08:46 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/05/2007
Compare
Join Date: Mar 2006
Posts: 86
up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough
Default

Quote:
Originally Posted by vav
Here is my story.
Our current employer has filed my 485 on mid August 2006, using my old PD(OCT 2000 EB3) from my previous employer derived from my old I140 which was approved and then withdrawn and later substituted by my previous employer.
We didn't even have the copy of the old approved I140 to show the proof.
My previous employer refused to share it with me. Anyhow, I had a letter USCIS mentioning my old I140 was approved and then withdrawn by my old employer. We have used this INS letter and a letter from my previous employer mentioning my labor and I140 was filed and then approved for our proof of old I140 approval.
When I left my previous employer in 2001, my previous employer's immigration department had emailed me in 2001, saying that I get only the PD when I leave the company, nothing else. Hence I am believing, this is not a new law. It is coming to limelight because of the retrogression.
My current I140 was filed with a substituted labor of someone in the current company. I will keep posted to this thread about my case.
My two employer's immigration department is of the view that PD gets attached to the migrant as soon as I140 is approved unless it is revoked for fraud.
VERY GOOD INFO
thanks VAV
Bookmark and Share Compare Reply With Quote


  #17 (permalink)  
Old 09-01-2006, 11:57 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/05/2007
Compare
Join Date: Mar 2006
Posts: 86
up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough
Default

Does anyone know that if you are considering to port PD from approved I-140 from preious employer then

Can you files concurrent new I-140 and I-485 considering that your old PD (ported one) was cuurent ?
Bookmark and Share Compare Reply With Quote


  #18 (permalink)  
Old 09-09-2006, 12:34 AM
Junior Member
Priority Date
:
Before 2000
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 3
ariyamannil is on a distinguished road
Default

Is there any way to find out whether an approved I-140 (sponsored by previous employer) is revoked or not ?
Bookmark and Share Compare Reply With Quote


  #19 (permalink)  
Old 09-09-2006, 12:35 AM
Junior Member
Priority Date
:
Before 2000
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 3
ariyamannil is on a distinguished road
Default what laws say ?

8 CFR

http://www.uscis.gov/lpBin/lpext.dll...lb-8cfrsec2045


Sec. 204.5 Petitions for employment-based immigrants.


(d) Priority date. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system of the Department of Labor. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an application for Schedule A designation or with evidence that the alien's occupation is a shortage occupation within the Department of Labor's Labor Market Information Pilot Program shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of a petition filed for classification as a special immigrant under section 203(b)(4) of the Act shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of an alien who filed for classification as a special immigrant prior to October 1, 1991, and who is the beneficiary of an approved I-360 petition after October 1, 1991, shall be the date the alien applied for an immigrant visa or adjustment of status. In the case of a special immigrant alien who applied for adjustment before October 1, 1991, Form I-360 may be accepted and adjudicated at a Service District Office or sub-office. (Amended 6/27/96; 61 FR 33304)

(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

INA 204(e) says,

http://www.uscis.gov/lpBin/lpext.dll...tm#slb-act204e

(e) Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted the United States as an immigrant under subsection (a), (b), or (c) of section 203 or as an immediate relative under section 201(b) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.



INA: ACT 205 - REVOCATION OR APPROVAL OF PETITIONS

Sec. 205. [8 U.S.C. 1155] The Secretary of Homeland Security 1/ may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.

8 CFR Sec. 205.1 Automatic revocation.

http://www.uscis.gov/lpBin/lpext.dll...lb-8cfrsec2051

a(3)(iii)

(C) Upon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.

(D) Upon termination of the employer's business in an employment-based preference case under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) of the Act.
Bookmark and Share Compare Reply With Quote


  #20 (permalink)  
Old 09-09-2006, 04:06 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 9
coolwiz26 is on a distinguished road
Default Tranferring PD from one employer to another

Hi

My Labor Cert got approved in Aug 2006 under EB2. My employer has filed for I-140. I have finished 2 yrs on my H1B and have 4 yrs left. I want to move to a new employer who says that he will file my GC in EB2. I want to port my Priority Date from my current employer to new. I understand that I need to wait for 6 months for getting my I-140 Approval which will lock my Priority date.

1. Can I really port my PD from old employer to new once my I-140 comes thru?

2. If my old employer cancels my PD then can I still use it?

3. Should I really wait for next 6 months to get my I-140 approval before jumping?

4. Given the fact I have filed under EB2 for INDIA how much time will it take for my PD to be current? I know this depends on how soon does the backlog clear but I just need an approx time frame i.e 4 yrs or 6 yrs or 3 yrs??

Thanks
CoolWiz
Bookmark and Share Compare Reply With Quote


  #21 (permalink)  
Old 09-09-2006, 05:08 PM
Junior Member
Priority Date
:
May-01
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 2
nitinag is on a distinguished road
Default

1. Can I really port my PD from old employer to new once my I-140 comes thru?

Yes you can port your priority date without problem

2. If my old employer cancels my PD then can I still use it?

As long as there was no fraud/misrepresentation involved , no problem

3. Should I really wait for next 6 months to get my I-140 approval before jumping?

yes , unless you are willing to take the risk that employer will NOT revoke BEFORE approval , once approved it is yours


4. Given the fact I have filed under EB2 for INDIA how much time will it take for my PD to be current? I know this depends on how soon does the backlog clear but I just need an approx time frame i.e 4 yrs or 6 yrs or 3 yrs??

I am sure it will be less then 3 years, hope for new SKIL bill etc in November
Bookmark and Share Compare Reply With Quote


  #22 (permalink)  
Old 09-10-2006, 04:26 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 9
coolwiz26 is on a distinguished road
Default

Hi

Thanks for the quick response. I have one final question i.e does my new Employer need to file LC thru PERM again? Also if I am porting my PD under EB2 then the new LC thru PERM also needs to be filed in EB2? Please clarify.

Thanks a tonne!

CoolWiz
Bookmark and Share Compare Reply With Quote


  #23 (permalink)  
Old 09-12-2006, 10:27 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 1
IVAN is on a distinguished road
Default

Quote:
Originally Posted by ariyamannil
Is there any way to find out whether an approved I-140 (sponsored by previous employer) is revoked or not ?
Please call USCIS. We did and they gave us the information. You can also find it out from their web-site if you have the EAC number.
Bookmark and Share Compare Reply With Quote


  #24 (permalink)  
Old 09-30-2006, 06:08 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 9
coolwiz26 is on a distinguished road
Default Need to transfter my PD

Hi,
Thanks for the response. My I-140 has come through. Is there any reason to believe that if I change my employer my old employer will revoke my I1-40. I have seen many responses to this question and I just need some clarity. The previous thread says this will happen only in case of fraud or misrepresentations. Therefore does this mean once my I-140 has approved it is mine to keep and the filing category EB2/EB3 for my next employer does not matter.

Thanks
Coolwiz
Bookmark and Share Compare Reply With Quote


  #25 (permalink)  
Old 09-30-2006, 07:05 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 525
qplearn will become famous soon enough
Default do you need to file for labor again?

Quote:
Originally Posted by coolwiz26
Hi,
Thanks for the response. My I-140 has come through. Is there any reason to believe that if I change my employer my old employer will revoke my I1-40. I have seen many responses to this question and I just need some clarity. The previous thread says this will happen only in case of fraud or misrepresentations. Therefore does this mean once my I-140 has approved it is mine to keep and the filing category EB2/EB3 for my next employer does not matter.

Thanks
Coolwiz
First of all, I don't think they can revoke your I-140, unless there was fraud. I am assuming 6 months have passed since your 485 application. It is best to wait for 6 months after you have applied for 485.

Someone please correct me if you think I am wrong here.

I just learned that I was not correct in what I said above. They can revoke your I-140 anytime, but you can still hang on to your PD. It looks like you will have to go through the whole process again.

Last edited by qplearn; 10-01-2006 at 11:11 AM.
Bookmark and Share Compare Reply With Quote


  #26 (permalink)  
Old 10-02-2006, 02:12 PM
Junior Member
Priority Date
:
Jul-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 13
shaba is on a distinguished road
Default PD transfering

I am in the same situation, my old PD is 1999. But in the new I140 they did not give the earlier Labor PD (1999). My lawyer has sent a letter explaning that the individual will hold the priority date even if the I140 was revoked.
I am keeping my finger crossed, will let all you guys know.
Bookmark and Share Compare Reply With Quote


  #27 (permalink)  
Old 10-03-2006, 03:10 AM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 9
coolwiz26 is on a distinguished road
Unhappy Need to transfter my PD

Quote:
Originally Posted by qplearn
First of all, I don't think they can revoke your I-140, unless there was fraud. I am assuming 6 months have passed since your 485 application. It is best to wait for 6 months after you have applied for 485.

Someone please correct me if you think I am wrong here.

I just learned that I was not correct in what I said above. They can revoke your I-140 anytime, but you can still hang on to your PD. It looks like you will have to go through the whole process again.

I have not got my I-485 yet. My I-140 has come through and my PD is Aug 8,2006. I have a job offer from my new employer and I am concerned that if my old emp revokes my PD I will lose everything. I understand I will have to file my LC again...

-coolwiz26
Bookmark and Share Compare Reply With Quote


  #28 (permalink)  
Old 10-03-2006, 03:12 AM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 9
coolwiz26 is on a distinguished road
Default Need to transfter my PD

Quote:
Originally Posted by shaba
I am in the same situation, my old PD is 1999. But in the new I140 they did not give the earlier Labor PD (1999). My lawyer has sent a letter explaning that the individual will hold the priority date even if the I140 was revoked.
I am keeping my finger crossed, will let all you guys know.
Did your employer revoke the I140? Did you submit any documents proving that you had a previous PD when you submitted your I-140 again?

Coolwiz
Bookmark and Share Compare Reply With Quote


  #29 (permalink)  
Old 10-03-2006, 10:12 AM
Junior Member
Priority Date
:
Jul-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 13
shaba is on a distinguished road
Default transfer PD

I filed for labor and I140 again in the new company, trying to get the old priority date from the previous company's I140. I am not sure if the previous company revoked the I140, even if they did, according to my lawyer I should be able to have my PD
Bookmark and Share Compare Reply With Quote


  #30 (permalink)  
Old 10-03-2006, 01:58 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/05/2007
Compare
Join Date: Mar 2006
Posts: 86
up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough up_guy is a jewel in the rough
Default

Quote:
Originally Posted by shaba
I filed for labor and I140 again in the new company, trying to get the old priority date from the previous company's I140. I am not sure if the previous company revoked the I140, even if they did, according to my lawyer I should be able to have my PD
Can please tell me name of your law firm ?
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
Reg:H1B Transfers, stamping and POE issues after Jan 8 Memo h1buser76 Non-Immigrant Visas 6 02-01-2010 10:12 AM
Receipt Date or Notice Date which takes first seat than the priority date ? dwhuser Retrogression, priority dates and Visa bulletins 124 08-27-2009 12:33 PM
Priority Date OR the 485 filing date Humhongekamyab Priority dates transfers and Post 140-approval options 1 02-26-2009 05:02 PM
Significance of Receipt Date if Priority Date is the same ushkand Receipt tracker of 485, EAD and AP applications 0 09-14-2007 12:54 PM
I-485 AOS processing : Priority Date Vs. Receiving Date Pro Engineer All other Green Card Issues 3 08-05-2007 01:31 PM



All times are GMT -4. The time now is 02:03 AM.


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