View Full Version : Need to port old priority date but exact date unknown

05-16-2012, 12:18 PM
I currently have an EB2 PERM approved through my present employer and waiting to file my I-140.

I also have an EB3 PERM and I-140 approved through my previous employer. But unfortunately I do not have a copy of my old I-140 approval notice and don't know my exact priority date (I only know its Aug 2010 but don't know the exact date) as it was not provided by my ex-employer. I have the SRC# (Receipt number) from my previous I-
140 application and have a screenshot from USCIS website indicationg I-140 approval. I also have sent an FOIA request to USCIS for a copy of my I-140 approval (applied in mid Jan 2012).

I am in my last yr of H1-B and my current employer wants to file my I-140 asap. In this scenario,

1. Can I send a request for porting old PD to new PD with just my old receipt number (SRC#), without knowing the exact PD?

2. (Or) If I file for new I-140 through my present employer and get the approval with new PD, can I change the PD later once I receive the old I-140 approval copy from USCIS through my FOIA request? If this is possible, can anyone provide some information on the process of changing the PD after I-140 is approved?

3. My 6th year of H1B ends in Dec 2012. Is it possible to file I-140 through Premium processing now? Or can it be done only 60 days before H1B expiry date? I see varying opinion on this.

4. Has anyone filed a FOIA request in the last 6 months and got the requested information? Website says 120 business days but does not have experience with getting it sooner or much later than specified wait time?

Any input appreciated. Thanks for the help!