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CarM
05-31-2011, 08:32 PM
Hi,

I am an Indian on a H1B, with a couple of years left. I have not yet started the GC process, but would do so, in the next months/years. I understand that once you have an approved PERM your priority date is the date you filed the PERM.

Some people here seem to have ported their priority dates, between different applications, and some even between different jobs. I am wondering what would happen to the priority date if one leaves the US (and then obviously legally returns to file the I-485).

How long does one have to leave the US for the previous priority date to be unable to be ported?

Consider this scenario: After getting the PERM and I-140 approved, I move to Canada. After three years, I get Canadian citizenship and I use the TN visa to enter the US and find/work in a job. (I work in the software area which is on the NAFTA List.) I then have my employer put in another PERM and I-140. Assuming that these get approved, would I be able to “at least attempt” to have the priority date ported to the new application.

I understand that there are no definite rules on porting the priority dates – these are based on the discretion of the USCIS. I am actually looking for information that says something like:

“If you leave the US for more than 180 days, the USCIS would delete all your passed PERM & I-140 records”

How long do they keep this stuff? Any ideas? I’d be grateful to all who reply.

Thanks to all of you,
CarM

sbmallik
06-01-2011, 12:01 PM
File PERM Labor Certification ASAP and on it's approval file I-140 Premium; in this process you can keep the PD. Depending on your coutnry of birth, you may file I-485 thereafter.

voicerj
06-01-2011, 12:07 PM
Hi,

I am an Indian on a H1B, with a couple of years left. I have not yet started the GC process, but would do so, in the next months/years. I understand that once you have an approved PERM your priority date is the date you filed the PERM.

Some people here seem to have ported their priority dates, between different applications, and some even between different jobs. I am wondering what would happen to the priority date if one leaves the US (and then obviously legally returns to file the I-485).

How long does one have to leave the US for the previous priority date to be unable to be ported?

Consider this scenario: After getting the PERM and I-140 approved, I move to Canada. After three years, I get Canadian citizenship and I use the TN visa to enter the US and find/work in a job. (I work in the software area which is on the NAFTA List.) I then have my employer put in another PERM and I-140. Assuming that these get approved, would I be able to “at least attempt” to have the priority date ported to the new application.

I understand that there are no definite rules on porting the priority dates – these are based on the discretion of the USCIS. I am actually looking for information that says something like:

“If you leave the US for more than 180 days, the USCIS would delete all your passed PERM & I-140 records”

How long do they keep this stuff? Any ideas? I’d be grateful to all who reply.

Thanks to all of you,
CarM



There is no such law as you are mentioning and to clarify another user(diptam) in a different post (http://immigrationvoice.org/forum/forum79-documents-filing-forms-directions-and-mailing/2210052-eb3-to-eb2-porting-opinion-advise-please.html) just mentioned that he was out of the country for around 10-11 months and came back and recaptured his priority date even with porting to a different category.

namjoshi
06-01-2011, 07:09 PM
Does that mean once you have PERM and I-140 approved, you can leave US for n amount of time ( and this n could be anything like say 5 years) and still come back and recapture yr prev PD ?

CarM
06-01-2011, 10:16 PM
There is no such law as you are mentioning and to clarify another user(diptam) in a different post (http://immigrationvoice.org/forum/forum79-documents-filing-forms-directions-and-mailing/2210052-eb3-to-eb2-porting-opinion-advise-please.html) just mentioned that he was out of the country for around 10-11 months and came back and recaptured his priority date even with porting to a different category.

Thank you voicerj. I am seeking to find out such people, to know if this is even possible. (Porting is never guaranteed. I am trying to find out about the ability not the guarantee.) This is exactly what I have been looking for.

I would be grateful for more examples of users like this.
CarM