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View Full Version : 140 Porting question - Please Advise


bslraju
05-26-2011, 05:16 PM
Dear Members:

My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.

They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.

They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.

Guys, had any one come across this situation ? can you please advise?

Thank you in advance

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2001 entered but still fighting for GC batch.:)

hope4best
05-26-2011, 05:33 PM
My lawyer followed the same route. After getting EB2 I-140 approval, they send a letter to capture the PD from EB3 case and interlink the I-485. The letter was sent out around May 10th, no updates on I485 so far.

javadeveloper
05-26-2011, 05:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?

javadeveloper
05-26-2011, 06:23 PM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

How ever, I need to make this is false. Still I dont agree this logic.

Do you have any link/url?

ryan
05-27-2011, 04:22 AM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

How ever, I need to make this is false. Still I dont agree this logic.

May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.

UKannan
05-27-2011, 12:20 PM
may i make a sincere suggestion. Please, go back to school, take a course in english grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified eb2 applicant. No pun intended.

:d

bslraju
05-27-2011, 12:31 PM
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.


Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.

jettu77
05-27-2011, 04:15 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

ryan
05-27-2011, 05:13 PM
Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.

Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.

javadeveloper
05-27-2011, 05:54 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!

Our discussion should be like this

a)I-140+Interfile together

Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..

Cons:
1.If I-140 gets denied I-485 gets denied
..


b)Interfile after I-140 approval

Pros:
1.No harm to I-485 If 140 gets denied
..

Cons:
1.takes more time to get GC
...

Add more pros and cons to each scenario...