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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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  #46 (permalink)  
Old 10-26-2006, 12:32 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Aug 2006
Posts: 188
shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
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Quote:
Originally Posted by MannyD
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!

Do i need to file PERM and then I-140 again with my new firm, as i already have my PERm approved (in oct 2005) and I-140 approved in Apr 2006?
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  #47 (permalink)  
Old 10-26-2006, 02:01 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
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Disco and others,

I am in the same situation too. But let me tell you how it works.

EMPloyment based GC according to law - employer has a position in the company for which he thinks he needs to hire non-us citizen permanently. thats it.

so GC process is all about position. position is the foundation for the process. now the actual process starts with questions

what is the position title

what are its duties

what are the education and experience requirements for the position

---The employer can have more than one position(different) for which he needs a permanent employee.

Disco in your situation if your employer has two different positions for which he has plans of hiring a permanent employee, and the employer knows that you in the company already working and you are eligible(very important) for both the positions(DOL and USCIS will later verify whether the position is created in the right way and whether you are actually eligible for the position or not) can sponsor you for the both the positions.

so as long as your employer follows the rules and does the work by the book and you having the right qualifications for the both positions you should be ok.

it does not matter whether you currently working for the company or not. you might be doing janitorial work or cio at the company right now but you have BS +5 years before joining this company you are still eligible for positions which fall in to EB2 and EB3 categories. or you might use experience gained from the current employer if you changed positions and want to past position experience provided past position experience is quite different (50% or more) from the current job/position.
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  #48 (permalink)  
Old 10-26-2006, 02:04 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

Quote:
Originally Posted by shirish
Do i need to file PERM and then I-140 again with my new firm, as i already have my PERm approved (in oct 2005) and I-140 approved in Apr 2006?

No but you need LC approval copy or original. but there is a risk as your previous employer has reused the labor for another employee and revoked your I-140
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  #49 (permalink)  
Old 10-26-2006, 03:12 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
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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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  #50 (permalink)  
Old 10-26-2006, 04:38 PM
Junior Member
Priority Date
:
Jun-02
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
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Join Date: Jan 2006
Posts: 16
vkmm is on a distinguished road
Question

I have approved EB3 labor (PD Jun-02) and approved I-140 for India. Based on the forum discussion it seems like that I should be able to change my employer and start the GC process from scratch and at the time of filing my I-140, should be able to port my earlier priority date.

The question is, my H1-B extension will be applied in December for the 9th year. My company only applies for 1 yr H1 extension only and not the 3 yr (they like slaves).

Can the H1 extension throw a curve ball to my plan?
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  #51 (permalink)  
Old 10-26-2006, 05:38 PM
Member
Priority Date
:
May-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 76
bheemi has a spectacular aura about bheemi has a spectacular aura about bheemi has a spectacular aura about
Default need inputs please

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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  #52 (permalink)  
Old 10-26-2006, 06:02 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

Quote:
Originally Posted by vkmm
I have approved EB3 labor (PD Jun-02) and approved I-140 for India. Based on the forum discussion it seems like that I should be able to change my employer and start the GC process from scratch and at the time of filing my I-140, should be able to port my earlier priority date.

The question is, my H1-B extension will be applied in December for the 9th year. My company only applies for 1 yr H1 extension only and not the 3 yr (they like slaves).

Can the H1 extension throw a curve ball to my plan?
my suggestion would be......following only makes sense if your current employer does not revoke your 140 in future.

1. Find and employer who can do your green card.
2. Start your labor with the employer as soon as possible. dont tell your current employer.
3. Get a copy of your -i-140 approval.
4. Once the labor approved. apply for 140in pps and 485.
5. Once the 140 approved, change your employer

If not the best option would be get your labor in eb2 with the same employer immediately.
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  #53 (permalink)  
Old 10-26-2006, 07:10 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Aug 2006
Posts: 188
shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
Default

Quote:
Originally Posted by vinabath
No but you need LC approval copy or original. but there is a risk as your previous employer has reused the labor for another employee and revoked your I-140

Can you please explain me the risk involved. Also do i need to LC approval or I-140 approval is fine. As most of the ppl talk abt I-140 approval in this thread.
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  #54 (permalink)  
Old 10-26-2006, 08:11 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
12-12-2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12-12-2004
Compare
Join Date: Oct 2006
Posts: 80
gene77 is on a distinguished road
Default Really need your advise

My case does not involve any transfer between employers or substitution of labor. After going through this forum with a fine tooth comb, this is requesting your guidance,my case status is as follows:

1. I-140 (EB3 RIR labor PD Oct 2004) - Still pending.

2. (EB2 PERM PD July 2006, approved Oct 06, 2006) Ė I-140 not filed as yet.

My question is which option should we take?

1. If we donít file the PERM I-140 right away, apply for premium processing of the pending I-140, how can we request retention of Oct 2004 PD when we file the PERM based I-140, do we attach a separate letter to the INS stating our request of retention of PD or do we mention on the I-140 form itself?

2. Or should we file PERM based I-140 right away, keep both I-140 applications separate, and request retention of PD at the I-485 stage? Again how, do we send a separate letter?

Anyone familiar with my case, please provide your views.
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  #55 (permalink)  
Old 10-26-2006, 08:40 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
12-12-2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12-12-2004
Compare
Join Date: Oct 2006
Posts: 80
gene77 is on a distinguished road
Default Also,

Did the 45 day rule requiring

Filing of I-140 within 45 days of labor approval come into effect? How long can we wait for filing I-140 after the labor is approved?
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  #56 (permalink)  
Old 10-27-2006, 11:07 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

Quote:
Originally Posted by shirish
Can you please explain me the risk involved. Also do i need to LC approval or I-140 approval is fine. As most of the ppl talk abt I-140 approval in this thread.
I am sorry. Talk to an attorney he would definitely tell what would be risk. I am thinking if you maintain that you did not know that employer has withdrew/revoked your 140. they might just deny your portability.

if they think you already knew that your 140 has been revoked, then they think you are misrepresenting the facts.
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  #57 (permalink)  
Old 10-27-2006, 11:07 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

Quote:
Originally Posted by gene77
Did the 45 day rule requiring

Filing of I-140 within 45 days of labor approval come into effect? How long can we wait for filing I-140 after the labor is approved?
No. I dont think so.
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  #58 (permalink)  
Old 10-27-2006, 11:10 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

Quote:
Originally Posted by gene77
My case does not involve any transfer between employers or substitution of labor. After going through this forum with a fine tooth comb, this is requesting your guidance,my case status is as follows:

1. I-140 (EB3 RIR labor PD Oct 2004) - Still pending.

2. (EB2 PERM PD July 2006, approved Oct 06, 2006) Ė I-140 not filed as yet.

My question is which option should we take?

1. If we donít file the PERM I-140 right away, apply for premium processing of the pending I-140, how can we request retention of Oct 2004 PD when we file the PERM based I-140, do we attach a separate letter to the INS stating our request of retention of PD or do we mention on the I-140 form itself?

2. Or should we file PERM based I-140 right away, keep both I-140 applications separate, and request retention of PD at the I-485 stage? Again how, do we send a separate letter?

Anyone familiar with my case, please provide your views.

I am in your case. I am getting my EB3 140 premium processed and then I will apply perm 140.
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  #59 (permalink)  
Old 10-27-2006, 11:30 AM
Junior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
04/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/20/2006
Compare
Join Date: Mar 2006
Posts: 21
thecipher5 is on a distinguished road
Default

Quote:
Originally Posted by up_guy
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

up_guy, I'd faced a situation wherein my employer had revoked my I-140. Though for everyone's clarification this had nothing to do with PD transfer.

One fine day I got a notice from USCIS stating that my co. had cancelled my I-140 application. There was some query on the filing and the co. lawyer had submitted the requested documents. However, instead of getting an approval notice, I got a rejection notice! After talking to USCIS, I found that the request was put in almost 2 months back and it takes up to 2 months to revoke from the USCIS side. The employer didn't even inform me and when I asked him, he said that the decision was made recently which is contrary to the fact that USCIS needs up to 2 months to take action. Even the lawyer didn't inform me or was aware of this proceeding.

The co was a rouge consulting co by the name of BACHAN GLOBAL or SYSNET TECHNOLOGY RESOURCES (has been changing names quiet often since in existence).

But, the employer has all rights to cancel I-140 application.

I'm also in the same boat like you guys. I also would like to port my PD date to a new employer and re-file my GC.

Hopefully, there is an concrete solution out there for all of us.

Good luck!

thecipher5
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  #60 (permalink)  
Old 10-27-2006, 12:55 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Aug 2006
Posts: 188
shirish is infamous around these parts shirish is infamous around these parts shirish is infamous around these parts
Default

Quote:
Originally Posted by vinabath
I am sorry. Talk to an attorney he would definitely tell what would be risk. I am thinking if you maintain that you did not know that employer has withdrew/revoked your 140. they might just deny your portability.

if they think you already knew that your 140 has been revoked, then they think you are misrepresenting the facts.

If my previous labour was used by the employer for another employee, does that mean that my aproved I-140 was revoked?

I thought as per murthy, the PD is still attched to me even if the LC used for some one else.? Just bit confused and want to do some home work before i approach my atternoy.

Thankx
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