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zofa30
09-13-2010, 03:16 PM
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.

pd052009
09-13-2010, 03:29 PM
1.Once the I-140 is approved, the PD is associated with you. If your new employer files new PERM and I-140, you can port your PD(no matter what your employer does with ur I-140).

2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.

Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.

zofa30
09-13-2010, 03:40 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.

sbmallik
09-13-2010, 03:44 PM
The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.

pd052009
09-13-2010, 03:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.

a_yaja
09-13-2010, 04:14 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.

To give you an example, consider the following:

1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.

Hope this helps.

zofa30
09-13-2010, 05:21 PM
Hi a_yaja,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.

1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?

2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.

3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?

Thanks,

India_USA
09-14-2010, 10:20 AM
can you update your profile?

zofa30
09-14-2010, 12:18 PM
I just updated the info I am aware of.

Please consider the following:
Just to remind you I am on EB2+PERM.
I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
Thanks

bc_rp
09-14-2010, 12:18 PM
Zofa :

Per your profile your area of charegability is Egypt. EB2 dates for Egypt are current , there is nothing that prevents you from filing your 485 today .

The Visa bulletin can be found here Visa Bulletin for October 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5145.html).

zofa30
09-14-2010, 12:52 PM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

Thanks

a_yaja
09-14-2010, 02:17 PM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

Thanks

Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).

You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.

zofa30
09-14-2010, 06:04 PM
Thanks a_yaja and thanks for all who helped me in this issue,
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.

I have a couple of questions that will help me to figure out what to do:

1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?

2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.