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setpit_gc
08-13-2010, 02:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.

Sachin_Stock
08-13-2010, 03:01 PM
So what are you complaining about :)

Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.

setpit_gc
08-13-2010, 03:09 PM
What if that company not willing to offer any employment or no longer exists?.

Sachin_Stock
08-13-2010, 03:32 PM
Any gurus can answer this question?

gk_2000
08-13-2010, 03:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.

But when was the 485 filed? was it filed by the other company along with 140 in 2007 july fiasco?

MeraNaamJoker
08-13-2010, 04:04 PM
This seems to be a unique situation.

If the company does not object to your approval then you should be fine.

Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )

setpit_gc
08-13-2010, 04:39 PM
485 (EB3) was filed in July 2007 and still working for that company.

setpit_gc
08-13-2010, 05:15 PM
643 people viewed this so far but only 2 responded.

Please I need more views before I make decision

amaran18
08-13-2010, 05:23 PM
First of all, Congrats !!

You should talk to a lawyer to get this clarified.

amaran18
08-13-2010, 05:30 PM
First of all, Congrats !!

You should talk to a lawyer to get this clarified.

anu_t
08-13-2010, 07:05 PM
joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.

setpit_gc
08-14-2010, 10:19 AM
ok. Any other suggestions?.

furiouspride
08-14-2010, 10:56 AM
ok. Any other suggestions?.
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!

immigc06
08-14-2010, 03:13 PM
ok. Any other suggestions?.
I think you should go to lawyer and resolve this.

cableching
08-14-2010, 09:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.

USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.

setpit_gc
08-16-2010, 12:22 AM
Thanks for the replies. I am going to consult with an Attorney.

I wanted to get other valuable opinions.

simon03
08-16-2010, 02:26 PM
I am not an expert but this is my understanding:

there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer

You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c

GCNeophyte
08-16-2010, 02:32 PM
Thanks for the replies. I am going to consult with an Attorney.

I wanted to get other valuable opinions.

Congratulations...

I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.

Don't think too much, have a professional advise and Enjoy your freedom.

IAF
08-16-2010, 09:24 PM
Be ready for audit when you go for Citizenship or extension of GC. Make sure you have everything documented and can prove to USCIS, in case there is RFI.