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ivar
03-12-2009, 12:20 AM
Dear Friends,

I have an approved I-140 with PD of Mar 06, but i left this company to join a new company. I have tried many times to file PERM through this new company but still unsuccessful. I am waiting to withdraw my PERM appeal to file a new PERM since January 09 (so folks don't ask me to update my profile because i am yet to file PERM, I have updated my profile three times since 2006 and also cleared it).

Question: When i spoke to my company's lawyer regarding my earlier I-140 they say that first i need to get my PERM approval (I agree) and than i need to get my I-140 approval (Which i am not sure) inorder to port priority date, is it true? Can't we port Priority date along with I-140 application itself?

Thanks,
R.

unknown123
03-12-2009, 03:22 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD

champu
03-12-2009, 03:45 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD


if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.

ivar
03-12-2009, 10:54 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

Best option is to file new PERM + new I-140 and then port the PD

I am going to file a new PERM and new I-140. Assuming the time taken to get new PERM approved is 1 year or 1.5years and than to file new I-140 and to get I-140 approval is going to take a long long time. So my question was after getting the new perm approval can we file new I-140 along with the copy of old approved I-140 from another company or I have to wait to get my new I-140 approved inorder to port priority date. My older I-140 also belongs to EB2 category and new PERM application will also be in EB2.

Thanks.

ivar
03-12-2009, 10:59 AM
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.

The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.

Thanks.

aamchimumbai
03-12-2009, 12:33 PM
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

Hope this helps.




The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.

Thanks.

nashim
03-12-2009, 02:08 PM
Hi Gurus,
Here is my case:
Employer A:
I am working with employer A,
Approved I140, EB3, PD Dec 2004, I485 filed on Jun 30, 2007, Got EAD and AP

Employer B:
Future employer,
Approved I140, EB2, PD Aug 2004

Note: A# is same on both approved I140 and pending I485.

My question is, do I need to request for interchange of I140 from EB3 to EB2 or it will be automatically done since A# is same on both approved I140. I really appreciate your response. Thanks

ivar
03-12-2009, 03:24 PM
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

Hope this helps.

My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.

Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.


Thanks.

ivar
03-12-2009, 05:56 PM
Dear Friends,

I have an approved I-140 with PD of Mar 06, but i left this company to join a new company. I have tried many times to file PERM through this new company but still unsuccessful. I am waiting to withdraw my PERM appeal to file a new PERM since January 09 (so folks don't ask me to update my profile because i am yet to file PERM, I have updated my profile three times since 2006 and also cleared it).

Question: When i spoke to my company's lawyer regarding my earlier I-140 they say that first i need to get my PERM approval (I agree) and than i need to get my I-140 approval (Which i am not sure) inorder to port priority date, is it true? Can't we port Priority date along with I-140 application itself?

Thanks,
R.

Friends,

Any advice on above post.

Thanks.

champu
03-12-2009, 08:04 PM
Friends,

Any advice on above post.

Thanks.

This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation

champu
03-12-2009, 08:08 PM
This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation



Now why I suggested you yesterday not to do it -

2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-

we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:

ivar
03-13-2009, 12:45 PM
This is how it should be done...

- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you

- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

Here is the extract from the law -

QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE

Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation


Thanks for your response.

herns
03-20-2009, 05:00 PM
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.

Champu,

What is the basis of I-140 priority date? is it when the I-140 was filed or when it got approved?

Here is an EXAMPLE for you and to everyone else to understand easily:

I-140 filed Jan 6 2006
I-140 approved Feb 6 2007

is the PD Jan 6, 2006 or feb 6 2007?

champu
03-20-2009, 05:11 PM
eb1- I140; otherwise LC

herns
03-20-2009, 05:12 PM
Im EB3. so should I say my PD is the filing date?

ivar
03-20-2009, 07:42 PM
Im EB3. so should I say my PD is the filing date?

Your Labour filing date.

ivar
03-20-2009, 07:47 PM
Friends, my question was timing of porting priority date, to put the question in one line as below,

Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.

Thanks.

pd_recapturing
03-20-2009, 09:46 PM
Champu,
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.

ivar
06-28-2010, 02:29 PM
Thanks everyone for all the information you guys provided. I successfully ported my Priority date.

sdeshpan
06-29-2010, 11:32 PM
Thanks everyone for all the information you guys provided. I successfully ported my Priority date.
In the interest of others in a similar situation can you post the exact process that you or your lawyer finally followed to get a successful porting of PD?

ivar
06-30-2010, 09:34 AM
I had a copy of approved I-140 (EB2) with PD Mar 06. I had to file for new labor in Apr 09, after i got my labor my lawyer filed for new I-140 with a copy of earlier approved I-140. I remember she was saying that they will also write a cover letter to recapture earlier priority date (I don't have a copy of that). So i believe porting can be done easily when filing new I-140 rather than after I-140 approval (i am not saying you cannot do after new I-140 approval but it takes extra effort, time and energy ).


In the interest of others in a similar situation can you post the exact process that you or your lawyer finally followed to get a successful porting of PD?

DudefromBombay
06-30-2010, 02:24 PM
HI Ivar,

So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.

ivar
06-30-2010, 03:37 PM
My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..

HI Ivar,

So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.

DudefromBombay
06-30-2010, 04:13 PM
Thanks Ivar for your reply.

pagalForGC
06-30-2010, 05:47 PM
Thanks Ivar for your reply.

Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.

veni001
06-30-2010, 06:09 PM
As far as I know if the old I-140 is revoked or withdrawn before new I-140 approval one can not port PD.

My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..

gc28262
06-30-2010, 06:38 PM
This is my understanding. Please cross check with a lawyer.

Once I-140 is approved, the PD is yours to keep for life unless it is revoked by USCIS for fraud reasons.

Here are posts from Ron Gotcher:

Does approval of I140 change your status in anyway? (http://www.immigration-information.com/forums/i-140-petitions/46-does-approval-of-i140-change-your-status-in-anyway-2.html#post5136)

Establishment and retentions of employment based priority dates (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)

ivar
07-01-2010, 09:43 AM
In the present situation i believe it would take around 1.5 years to 2 years if you start by preparing for labor and by the time you get your labor and new I-140.

If you ask me about audit, its better i don't scare people, i started this porting process in Jun 07 by applying labor and it got audited after a long wait it got denied, my lawyer filed an appeal and we waited for 10 months still no answer so we applied for withdrawal even that took long time and finally applied for new labor in Apr 09.. so don't get scared it doesn't happen to everyone.. maybe 1 in million case :)

Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.