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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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  #31 (permalink)  
Old 10-03-2006, 04:05 PM
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Priority Date
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Jul-02
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I140 Mailed Date
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shaba is on a distinguished road
Default law firm

Rajiv khanna
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  #32 (permalink)  
Old 10-04-2006, 01:16 AM
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Nov-03
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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
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Quote:
Originally Posted by shaba
Rajiv khanna
Thanks I know Mr. Khanna's office told also me the same
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  #33 (permalink)  
Old 10-04-2006, 01:21 AM
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Nov-03
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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
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Is there anyone in the forum who has successfully ported his PD from previously approved I-140 EB3 with a new employer in EB2 ?

Is there anyone who has done so even after his old employer had revoked 140 ?

If anyone has done this please share this and that will help lots of other people who are yet planning to decide to change employers after 140 approval..

Thanks all
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  #34 (permalink)  
Old 10-06-2006, 10:40 AM
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Priority Date
:
Jul-04
Category
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EB2
I140 Mailed Date
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05/16/2007
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I-140+I-485
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sanjeev_2004 is infamous around these parts sanjeev_2004 is infamous around these parts
Default PD change by changing LC

Hi Guys,
My GC is in process in DEC. But I got perm labor approved from same Employer. Filing of Perm and Backlog labor has 1 half years of difference. Can I apply I140 with old Backlog PD.
Thanks.
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  #35 (permalink)  
Old 10-11-2006, 05:13 PM
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Priority Date
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Jul-03
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I140 Mailed Date
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crazy_gc is on a distinguished road
Default similar situation here

Quote:
Originally Posted by sanjeev_2004
Hi Guys,
My GC is in process in DEC. But I got perm labor approved from same Employer. Filing of Perm and Backlog labor has 1 half years of difference. Can I apply I140 with old Backlog PD.
Thanks.

i have a similar situation as you do...

eb3 labor still stuck in philly backlog center...PD july 2003

eb2 perm dec 2005 approved and 140 also approved for the same.

once my eb3 labor comes thru can i apply for respective 140 in premium processing and ask to port my eb3 PD to eb2.

i ask cos all the examples that i have seen till now seem to be working the other way around...where the first applied labor got cleared first...

thanks in advance
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  #36 (permalink)  
Old 10-23-2006, 12:33 PM
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Priority Date
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Mar-03
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EB3
I140 Mailed Date
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04/25/2007
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India
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I-485
I485 Mailed Date
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optimist578 is a jewel in the rough optimist578 is a jewel in the rough optimist578 is a jewel in the rough optimist578 is a jewel in the rough
Default

Quote:
Originally Posted by crazy_gc
i have a similar situation as you do...

eb3 labor still stuck in philly backlog center...PD july 2003

eb2 perm dec 2005 approved and 140 also approved for the same.

once my eb3 labor comes thru can i apply for respective 140 in premium processing and ask to port my eb3 PD to eb2.

i ask cos all the examples that i have seen till now seem to be working the other way around...where the first applied labor got cleared first...

thanks in advance
AFAIK you can port the PD without any problem if everything else is same between the two cases.

I have a question too. I have an approved EB3 in my hands - PD Apr 2003.
How can I get my employer to file another labor, for the same position under a different category ( EB2 ) ? The same position cannot qualify for EB3 and EB2 also, can it ? Or must it be a different position altogether ?

Even if my employer figures out a way to change the job requirements along with the position's title, still, how can they prove that " I had EB2 level qualifications - on the starting date of my curent term " for which they had earlier proved that I had EB3 level qualifications ?

Will appreciate any help,
Thanks.
jprt
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  #37 (permalink)  
Old 10-25-2006, 03:51 PM
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Priority Date
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Oct-05
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I140 Mailed Date
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vinabath is on a distinguished road
Default

Position Education and Experience will be same. I think your employer can apply for a different position.
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  #38 (permalink)  
Old 10-25-2006, 07:11 PM
Senior Member
Priority Date
:
Sep-05
Category
:
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I140 Mailed Date
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04/10/2006
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India
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:
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shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
Default Need inputs please

I had posted this question in some other thread. I just heard about reusing the PD.

In my case i files for LC thru my first employer in oct 2000 under eb3, my LC was approved, then in nov 2001 my I-140 was approved as well (This is when my company transferred me to their india office), GC process continued with I-824 and CP... I 824 approved... But due to various reasons i had to leave the company, and oi came back to US thru a different employer (After staying in india for more than 2 years). My LC was used for another employee by my first employer. (any ways to find out if the fisrt I-140 was revoked?)Now my current employer has files LC in PERM under EB2, my I-140 was approved in APR 2006. Waiting for PD to become current.

This is when i heard abt PD reuse. Can i reuse my previous PD of Sep 2000 at this stage? Before i approach my atternoy i want to do some home work
Inputs please.
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  #39 (permalink)  
Old 10-25-2006, 07:28 PM
Member
Priority Date
:
May-05
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:
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I140 Mailed Date
:
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:
India
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:
I-140
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:
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bheemi has a spectacular aura about bheemi has a spectacular aura about bheemi has a spectacular aura about
Default Eb3 Pd To Eb2

Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:

1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

If somebody clarify me that is great .

Thanks
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  #40 (permalink)  
Old 10-25-2006, 07:29 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
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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

vav

Could you please share any new update on the information you have mentioned below ? Thanks

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.
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  #41 (permalink)  
Old 10-25-2006, 07:31 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

shaba

Could you please update us if you got old PD or not ?

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.
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  #42 (permalink)  
Old 10-25-2006, 07:37 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
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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 -

1) How to revoke I-140 ? Do we need law firm or employer can revoke himself ? which form employer needs to submit to revoke I-140

2) What are the expected expenses in revoking I-140 ?

3) How much time USCIS takes to revoke I-140 ?

Answer of these questions will help us to understand how easy or difficult would be for any employer to revoke I-140

Thanks for any input from gurus
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  #43 (permalink)  
Old 10-25-2006, 09:29 PM
Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Posts: 25
MannyD is on a distinguished road
Default

Quote:
Originally Posted by shirish
I had posted this question in some other thread. I just heard about reusing the PD.

In my case i files for LC thru my first employer in oct 2000 under eb3, my LC was approved, then in nov 2001 my I-140 was approved as well (This is when my company transferred me to their india office), GC process continued with I-824 and CP... I 824 approved... But due to various reasons i had to leave the company, and oi came back to US thru a different employer (After staying in india for more than 2 years). My LC was used for another employee by my first employer. (any ways to find out if the fisrt I-140 was revoked?)Now my current employer has files LC in PERM under EB2, my I-140 was approved in APR 2006. Waiting for PD to become current.

This is when i heard abt PD reuse. Can i reuse my previous PD of Sep 2000 at this stage? Before i approach my atternoy i want to do some home work
Inputs please.
Based on my interpretation of the quotes mentioned in posts here, it appears you will be able to reuse your old PD. You will need copies of your earlier approved LC and 140. You should file a PERM application and follow up with a new I140 petition under premium processing. Following the approval of your new I140 you should seek to port your earlier PD based on earlier approved I140. Visa date is current for your old PD, and if you have the right attorney you ought to be able to file for AOS (485) in 3-4 months. I'm not an attorney - you should check with a pro.
All the best!
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  #44 (permalink)  
Old 10-26-2006, 01:28 AM
Junior Member
Priority Date
:
May-03
Category
:
EB2
I140 Mailed Date
:
01/05/2006
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India
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I-485
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:
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disco is on a distinguished road
Default Can I get some info to help/info with my situation

I have an EB3 (PD 2003) approved labor and I-140 with my current employer. Since EB3 is a long shot and I have been with the company for a long time, my company is willing to file another EB2 perm labor / Premium Processing 140 for me for a more senior(different) position. My question to all the knowledgeable people & Gurus is
1. is this possible ?
2. Are there any risks in doing this ?
3. Has anyone done this before or have heard anything like this being done ?
4. If by changing the employer, EB category can be changed, can this same thing be done with the same employer, if the employer is willing to cooperate.

Any/all information will be greatly appreciated.

thanks,
disco


Quote:
Originally Posted by tom
Hi Friends,
I noticed that many people want to know more about the priority date transfer. There are people who see risks in this. And we need to find out if there is any real risk? I would like to use this thread only for this purpose.

-This is not to confuse anybody but rather to help this community.

My undertanding on this:
1. You can transfer the priority date of an approved I140. You can do this between companies and also between categories(EB1/2/3)
2. The question/issue is what happens if the previous employer revokes/cancels the I140?

I know that this is not very clear to anybody. How ever, my analysis is that one can use the priority date of an approved I140 even if the employer cancels it or use the LC for another. [My reasons for this analysis: A copy of the old approved I140 is just a proof for USCIS that an application on your behalf was filed and approved on that earlier priority date. You are requesting to transfer that priority date only and nothing else. So whether 140 is currently cancelled or not...does not matter for you as well as USCIS. However, the I140 should not be revoked due to fraud. Thats what Murthy also says. I am not a lawyer, SO PLEASE check this and confirm with lawyers before you take any decision.

if anyone knows more details from reliable sources, please write here so that other also may be aware of.
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  #45 (permalink)  
Old 10-26-2006, 04:09 AM
Junior Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
07/07/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/11/2007
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pkpalta is on a distinguished road
Default dunno what to do



Guys,

I looked at the several posts. Same problem. Everyone is asking about priority date portability but there is not a single post that tells us that it is done by someone. Lawyers like Rajiv Khanna says its no problem but what I understood from Sonal Varma (Nankin and Varma) that if your employer revokes your I-140 or Labor Cert you are in great problem. You run the risk of loosing your priority date. Opinion totally against what we read in Mathew Oh or Murthy's website. I think both of them have written appropriately in the past. I have asked my lawyer as well but that person does not comment on this issue or may be the company might have restricted her to "leak" such info.

I dunno what to do. There are tonne of people who are asking these questions but I could not encounter a single soul that said "Guys I did it and INS has successfully ported the priority date". I acknowledge that this is a very big risk for GC aspirants since any error on your part could push you at least 5 years behind in the line.

It's very frustrating. Can we try to gather more information on this? At least getting one case that's trying to do it.
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