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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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  #421 (permalink)  
Old 08-07-2008, 05:07 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
02/06/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2011
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Join Date: Jul 2007
Posts: 164
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Default I-140 Approved and planning to change job

Dear all Gurus,

I have zero knowledge in immigration laws, please advice on this
I have an approved I-140 from company A now and I don't have any project for last 3 months and like to take a full time position,

My question is can I change company now and join back the same company 'A' when the priority date for my LC is current. so that I don't have to file labor and I-140 again from company B

Possible ?? please help

EB2
Priority date - 11-MAY-07
I-140 Approved
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  #422 (permalink)  
Old 08-07-2008, 05:13 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
02/06/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2011
Compare
Join Date: Jul 2007
Posts: 164
mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute
Default

Quote:
Originally Posted by DSP View Post
Gurus, please advise.

I have an approved I140 (PD Nov 2006) with Company A and wish to transfer H1B to Company B, have not applied for I485 yet.

I understand that I can port the PD if I file new LC with Company B. Can I just transfer H1 and keep the GC application with Company A if they do not have any problem keeping my application active till I file I485?

Thanks in advance for the help,
DSP
Hi,

did you get any answer to this question ? I am on same boat please let me know if you get any helpful answer.

Thanks
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  #423 (permalink)  
Old 08-07-2008, 05:22 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jan 2008
Posts: 151
nashim will become famous soon enough
Default

Since GC is for future employment you can change employer. You may or may not join GC sponsor employer while PD is current or before approval but you have to join after approval. It is good to work with sponsor employer to avoid any questioning of not good faith/fraud. thanks
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  #424 (permalink)  
Old 02-11-2009, 04:55 PM
Donor
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 296
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Default Documents Required for porting Priority Date

Hi Shaba, Radhagd et al ... I am also planning on porting priority date from a previous employer (whom I didnt join and with whom the I140 was approved using a sub LC) to my current employer with whom my I140 just got approved (same category - EB3). Want to know the inputs if you think this might be risky. I think the old employer will support me if required. Also, I need the draft of the covering letter (to whom it should be sent, what laws it should quote etc ...) and any accompanying documents (such as the adjudicators field manual etc...). I also dont have the new I140 yet. Is it possible to send just the old I140 approval notice copy with the receipt number of the new I140. I think this info will be useful to others as well. Look forward to your responses. Thanks in advance
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  #425 (permalink)  
Old 02-24-2009, 01:36 PM
Donor
Priority Date
:
Oct-08
Category
:
EB2
I140 Mailed Date
:
07/27/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Jul 2007
Posts: 24
shyamkishore will become famous soon enough
Default

Dear Gurus,

I have an approved I-140 from my present employer with a PD of 10-May-2007 in EB3. My employer also agreed to apply LCA under EB2 category which is still under processing. Hoping that it would get approved sooner I would like to be ready to apply for a new I-140 and port the PD. Can some of you suggest some good attorneys in VA so that I can start my discussion with them about my transfer. Those of you guys who have succesfully ported their PD from EB3 to EB2, do you have any suggestions as to how to proceed with the transfer and details like what steps the attorney should be taking while applying for the new EB2 140?

Thanks in Advance.

Regards,
Shyam
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  #426 (permalink)  
Old 07-19-2010, 05:54 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
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Join Date: Jul 2010
Posts: 2
snjnk is on a distinguished road
Default Suggestion needed!!

Hello everybody,

I've worked for Company A and got my labor and I140 approved in 2005. Later I switched to Company B where i got my labor and I140 approved in 2007. Now the PD is current for the labor filed through Company A. My previous employer is not in good terms. As they did't provide me the receipt number I don't even have any details regarding my first I140. Is there any way I could find it out from USCIS? Is there any way to port in the PD for the first labor. Guys plz. throw some light, now the PD is current for EB2. I dont want to waste it.
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  #427 (permalink)  
Old 11-08-2010, 01:04 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
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:
I485 Mailed Date
:
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Join Date: Nov 2010
Posts: 1
Priya Gade is on a distinguished road
Default Can i get my old I 140 PD?

I had filed my I 140 with premium processing and had requested for my old I 140 PD to be ported to my new filing. But I received a mail that it is not ported.
has anyone come across this issue? If a request is placed again will this be resolved?
Please advice.
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  #428 (permalink)  
Old 05-29-2012, 03:30 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
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:
I485 Mailed Date
:
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Join Date: May 2012
Posts: 4
cricxpert is on a distinguished road
Default

Posted a new thread for this but later found this more relevant thread, so posting here as well. Sorry about the cross-posting. My query is as follows -

I was in US from 2001 to 2007. My PD was sometime in 2002 and it was approved in 2006. In 2007 I returned to India and my I-485 was not filed at that time. I am planning to go back to US this year on an H1-B for a different employer. My question is can I use it now with a new employer.
I checked the online status of the I-140 and it says it is approved. So looks like it has not been used for someone else.
I have the EAC number with me but do not have the approved I-140 copy with me. Will I be able to file a new GC with my old PD or not?

Thanks,
Ramesh
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  #429 (permalink)  
Old 06-22-2012, 07:46 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jan 2007
Posts: 96
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Default EB3 - EB2 Porting (140)

All

I got frustrated waiting on EB3 PD to become current, event though it seems near (Nov 2002), it is not getting there from past couple of years. Recently i have tentetively accepted a new offer based on PD porting and the company have processed PERM (approved) and currently asking for filing of 140 along with porting of dates. Need a bit of advise from anyone who has done this before.

1) Since i am still working with my current company will porting the PD to a new 140 through a new company effect anything on my existing 140 ?
2) Once the new 140 is approved, will i be obligated to join them OR can i still choose not to based on which date gets current in Oct 2013 (EB3 Nov 2002 OR EB2), i would prefer staying on EB3 is in October my PD gets current.
3) In case i choose to join the new company with EB2 140 (after approval), how long does it typically take to get 485 updated to this new PD ?

Any one who has been thorough this, please provide some insight.

Thanks

Bang
__________________
Labor filed - Nov, 22 2002, approval - Dec 2005
140 filed - Dec, 28 2005, approval - Jan 2006
485 (EB3) - Vermont Service Center -June, 25 2007
RD - July 25th 2007
Upgraded to EB2 in July 2012.
Interfiling letter sent by Attorney on Oct 1st 2012
Opened SR on Oct 15th
USCIS Requested Interfiling Letter for upgrade (No RFE, just a Mail Response sent to me) - Oct 22
Sent Interfiling Letter & email (Personal - no Attorney) - Oct 25
Opened SR on 11/15
485 Approval - end of Nov 2012.
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  #430 (permalink)  
Old 06-22-2012, 11:09 PM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jan 2007
Posts: 96
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Default Anyone ... inputs please ....

??
__________________
Labor filed - Nov, 22 2002, approval - Dec 2005
140 filed - Dec, 28 2005, approval - Jan 2006
485 (EB3) - Vermont Service Center -June, 25 2007
RD - July 25th 2007
Upgraded to EB2 in July 2012.
Interfiling letter sent by Attorney on Oct 1st 2012
Opened SR on Oct 15th
USCIS Requested Interfiling Letter for upgrade (No RFE, just a Mail Response sent to me) - Oct 22
Sent Interfiling Letter & email (Personal - no Attorney) - Oct 25
Opened SR on 11/15
485 Approval - end of Nov 2012.
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  #431 (permalink)  
Old 06-24-2012, 09:06 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jan 2007
Posts: 96
bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future
Default bump

Quote:
Originally Posted by bang View Post
??
bump
__________________
Labor filed - Nov, 22 2002, approval - Dec 2005
140 filed - Dec, 28 2005, approval - Jan 2006
485 (EB3) - Vermont Service Center -June, 25 2007
RD - July 25th 2007
Upgraded to EB2 in July 2012.
Interfiling letter sent by Attorney on Oct 1st 2012
Opened SR on Oct 15th
USCIS Requested Interfiling Letter for upgrade (No RFE, just a Mail Response sent to me) - Oct 22
Sent Interfiling Letter & email (Personal - no Attorney) - Oct 25
Opened SR on 11/15
485 Approval - end of Nov 2012.
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  #432 (permalink)  
Old 05-02-2013, 03:41 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
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Join Date: Jan 2012
Posts: 14
mansurigc is on a distinguished road
Question I-140 Priority Date porting

Here is my situation.

I worked for company A and have approved I-140. Now I moved to company B. Company B is planning to file my GC. Can company B port my old priority date? What I understand is, yes, company B can port it in normal situation (employer A is co operative).

Is there any scenario, company B can not port my old priority date? Can my old employer restrict this porting in any manner by terminating my I-140 or anything else?

Appreciate your input. Thanks in advance.
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  #433 (permalink)  
Old 10-04-2013, 07:01 PM
Junior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
09/06/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 15
keshtoda is on a distinguished road
Default Only if revoked by USCIS for fraud

There are a few different threads on this sub-forum on this topic. From what I've read it seems the only way employer B cannot use the old priority date when filing new I-140 is when the old employer A I-140 was revoked by USCIS for fraud.

Even if employer A revokes old I-140, the proof (copy of approval notice) should be sufficient to retain old PD.
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  #434 (permalink)  
Old 10-05-2013, 06:38 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2012
Posts: 14
mansurigc is on a distinguished road
Default

Hello keshtoda,

Thank you so much for sharing your views. I appreciate your time. Just to share, I had posted the same question to attorney of my current company he mentioned that the PD can be ported without any issue.

Thanks again...a
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