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manish1905
08-29-2011, 02:28 PM
Hello All,

I want to know if some one is in same boat as me. My EB2 I140 approved with new PD instead of retaining the old PD.
How many people were or are in same situation and how did they fix the PD(retain old PD)

My lawyer says my PD in the I140 needs to be fixed first before I can see any progress to my I485.
Appreciate your feed back.Thanks!!!


-------------------------------------------------------------------------
IV Donation= $250
EB3 Labor Pd date-Nov 2006
Current status: EAD/AOS (I485 at TSC)
EB2 labor PD date- March 2011
EB2 labor Approval date-May 2011
EB2-I140-Approved on 8/10/2011 (NSC) with new priority date (March 2011)

GMKrishna
08-29-2011, 07:51 PM
I had similar situation during May 2011. My new 140 was approved by TSC but did not port the date as my old 140 was withdrawn by employer. As we used the premium processing, my lawyer sent an email/fax with a copy of USCIS memo on porting. TSC reapproved the 140 with the old date with in a week. My 485 was in NSC and it took about a month to get the GC.

Good Luck!

GCOP
08-29-2011, 08:11 PM
GMKrishna,
I just sent you a private message, I will appreciate if you will please respond.
Thanks

manish1905
08-29-2011, 08:26 PM
I had similar situation during May 2011. My new 140 was approved by TSC but did not port the date as my old 140 was withdrawn by employer. As we used the premium processing, my lawyer sent an email/fax with a copy of USCIS memo on porting. TSC reapproved the 140 with the old date with in a week. My 485 was in NSC and it took about a month to get the GC.

Good Luck!


GMKrishna,

Thanks for the reply.So when your lawyer sent the request to port the date was there any automated response from TSC. In my case lawyer has already sent the request with necessary docs but the response from NSC is that it will take 3-4 weeks to review the case. it's already been 2 weeks now........

boston_gc
08-29-2011, 08:59 PM
If you had applied as premium processing, they are suppose to get back to you in 2 weeks.

baala.j2ee
08-29-2011, 09:40 PM
Hello All,

I want to know if some one is in same boat as me. My EB2 I140 approved with new PD instead of retaining the old PD.
How many people were or are in same situation and how did they fix the PD(retain old PD)

My lawyer says my PD in the I140 needs to be fixed first before I can see any progress to my I485.
Appreciate your feed back.Thanks!!!


-------------------------------------------------------------------------
IV Donation= $250
EB3 Labor Pd date-Nov 2006
Current status: EAD/AOS (I485 at TSC)
EB2 labor PD date- March 2011
EB2 labor Approval date-May 2011
EB2-I140-Approved on 8/10/2011 (NSC) with new priority date (March 2011)
It looks like PD gets ported if we check one option in the I-140 application where is says some thing like 'do you want to port the PD'

tmasth
08-30-2011, 02:51 AM
I had similar situation during May 2011. My new 140 was approved by TSC but did not port the date as my old 140 was withdrawn by employer. As we used the premium processing, my lawyer sent an email/fax with a copy of USCIS memo on porting. TSC reapproved the 140 with the old date with in a week. My 485 was in NSC and it took about a month to get the GC.

Good Luck!

Hi GMKrishna,

Thanks for your information. I have a question here.

I have been asking the same question(can we port priority date if the old employer cancels/revokes the I140 petition?) to different attorneys but they all give different opinions on the same. Like, one says we cannot port and other says we can if we have the copy of the old I140. Do you know if USCIS has changed any rules in recent times or it is just we need to remind them by showing all the proofs again(if yes, what exactly we need to make them aware), to port the date, if they don't do it automatically.

Please share your thoughts. Thanks again.

maanj
08-30-2011, 02:40 PM
Originally Posted by GMKrishna
....my lawyer sent an email/fax with a copy of USCIS memo on porting....

@GMKrishna - do you know which USCIS memo on porting did your lawyer sent?

GMKrishna
08-30-2011, 10:58 PM
GCOP - I responded to your message yesterday.
Maangj - the memo is called Yates memo released on 9/23/05. You can google it.

Tmasth- your observation is correct. Lawyers have difference of opinion whether pd could be ported after previous 140 was revoked based upon withdrawl by employer. I had two lawers for my case - one for my new 140 and another for my 485 applictions. When USCIS initially declined my porting request sent with the new 140 application, the lawyer informed that the porting could not be done. However when I spoke to my 485 lawyer, they were of the opinion that unless the old 140 was revoked for fraud, you would carry the old priority date. Then, I was able to convince my 140 lawyer to send email/fax to USCIS for porting the priority date as only they had access in the matter. The rest is history now. There are several postings on this site and other sites on this topic for your further reading. I am not sure of any recent changes.

Thanks.

vegasbaby
08-31-2011, 12:16 PM
Hello All,

I want to know if some one is in same boat as me. My EB2 I140 approved with new PD instead of retaining the old PD.
How many people were or are in same situation and how did they fix the PD(retain old PD)

My lawyer says my PD in the I140 needs to be fixed first before I can see any progress to my I485.
Appreciate your feed back.Thanks!!!


-------------------------------------------------------------------------
IV Donation= $250
EB3 Labor Pd date-Nov 2006
Current status: EAD/AOS (I485 at TSC)
EB2 labor PD date- March 2011
EB2 labor Approval date-May 2011
EB2-I140-Approved on 8/10/2011 (NSC) with new priority date (March 2011)





- Check this link -
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/2213882-interfile-porting-and-485-questions.html#post2632193

- http://www.murthy.com/news/n_nuacp1.html

manish1905
09-14-2011, 08:22 AM
Hello All,
My PD was fixed now in the new I140.Lawyer got this email from NSC and told that i will receive new I140 with old PD shortly. NSC is saying that there system now shows old PD and they sent all the files to TSC for the I485 approval.
So what will happen next.Do i need to take any step.Lawyer has already talked to TSC and claims that we need to wait for 3 weeks before he can follow up with TSC again.
Appreciate your feed back

Hello All,

I want to know if some one is in same boat as me. My EB2 I140 approved with new PD instead of retaining the old PD.
How many people were or are in same situation and how did they fix the PD(retain old PD)

My lawyer says my PD in the I140 needs to be fixed first before I can see any progress to my I485.
Appreciate your feed back.Thanks!!!


-------------------------------------------------------------------------
IV Donation= $250
EB3 Labor Pd date-Nov 2006
Current status: EAD/AOS (I485 at TSC)
EB2 labor PD date- March 2011
EB2 labor Approval date-May 2011
EB2-I140-Approved on 8/10/2011 (NSC) with new priority date (March 2011)

EB3_SEP04
09-15-2011, 01:50 PM
I am thinking of filing new EB2 labor thru my current employer and take adv of my PD Sep 04. I do not work for the employer who filed my I140 and 485. I used AC21 in Jan 2008 and am on EAD since then.

my question is what happens once you get new i140 with old PD, do you need to file a new 485? and if yes is your EAD still valid till you get your new EAD based on new 485?

Thanks to GMKrishna for clarifying on revoked I140. Mine was revoked by ex-employer, then USCIS denied my 485, i filed for MTR and all is well now. I am glad to know the revoked I140 won't be an issue in PD porting.

vegasbaby
09-15-2011, 03:34 PM
I am thinking of filing new EB2 labor thru my current employer and take adv of my PD Sep 04. I do not work for the employer who filed my I140 and 485. I used AC21 in Jan 2008 and am on EAD since then.

my question is what happens once you get new i140 with old PD, do you need to file a new 485? and if yes is your EAD still valid till you get your new EAD based on new 485?

Thanks to GMKrishna for clarifying on revoked I140. Mine was revoked by ex-employer, then USCIS denied my 485, i filed for MTR and all is well now. I am glad to know the revoked I140 won't be an issue in PD porting.


There are 2 options, either you refile I-485 but in most cases your attorney needs to inform your Service Center of the change in your category on 485 and then it should be considered as an EB2-I with your old PD.

manish1905
10-03-2011, 08:10 PM
got the new I140 with corrected (old) pd on 9/23.Waiting for the next miracle thing to happen since visa are available from today........

GMKrishna,

Thanks for the reply.So when your lawyer sent the request to port the date was there any automated response from TSC. In my case lawyer has already sent the request with necessary docs but the response from NSC is that it will take 3-4 weeks to review the case. it's already been 2 weeks now........

dmitri
12-07-2011, 02:16 PM
hello everyone
just FYI
USCIS has changed this rule.
PD is no longer portable if old employer revokes(withdraws old i 140).its the same thing.
when employer withdraws the I 140,it is considered as revoked and therefore USCIS closes that file as being a Fraudulently approved I 140 so it all means same.
the law was always like that - its just that USCIS was linent so far but since last 3 years
so many people have done this that they finally got rid of portability altogether.
just like the labor substitution was done away with in 2008...

dmitri
12-07-2011, 02:20 PM
only hope for EB3 folks ( like me)
is
something like July 2007 fiasco
or
HR 3012....
keep praying everyone....

nekkanti
12-15-2011, 09:45 PM
But there are many cases with USCIS, where old priority date is not recaptured on new filings even if previous employer revokes old approved I-140 due to retaliation or due to company's policy to annually revoke cases for former employees. In these circumstances, employee or new employer should call National Service Center and talk to representative and remind them about Yates Memo, which clearly says earliest priority date should be recaptured unless petition was revoked due to fraud or misrepresentation. If you will talk to them nicely and puftorth your case by referencing Yates Memo, you might be able to convince them to recapture old PD. See excerpt from Yates Memo below.


From: William R. Yates

Date: 09/23/05

Re: Interim Guidance Regarding the Impact of the Department of Laborís (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year.

Revisions to Adjudicatorís Field Manual (AFM) Chapters 22.2(b)(2), 22.2(b)(3)(B), 22.2(b)(3)(F), (22.2(b)(5) and 33.3(g)(8) (AFM Update AD 05-15)
.....
In those cases where the alienís priority date is established by the filing of the labor certification, once the alienís Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification

Direct url

http:///2011/01/how-to-know-if-old-i-140-has-been.html