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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1  
Old 04-08-2009, 05:11 PM
emgk emgk is offline
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Default Interlinked I-485

Hi all

Here is my situation:

Applied LC Feb 2006 (approved)
Applied I-140 (PD Feb 2006) and I-485 concurrently in Aug 2007 (pending)
Applied second LC Jan 2008 from the same employer (approved)
Applied I-140 (PD Jan 2008) based on the second LC and it was approved. I assume this I-140 was interlinked with previously applied I-485 as I see the "A" number in the approved petition.

Now I have received an RFE on the concurrently filed I-140 (PD Feb 2006). What are my options if the I-140 is rejected after responding to the RFE? Will my I-485 be active becuase I have another another I-140 approved (PD Jan 2008) that is linked to the I-485? what will be my PD if the second I-140 is used? Please help.
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  #2  
Old 04-08-2009, 08:09 PM
stuckinretro stuckinretro is offline
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Dec-03
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I140 Mailed Date
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05/14/2006
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07/23/2007
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Even if you have two 140s and same A#, Only one of them would be linked to your 485. Ask Infopass CIS to confirm to which 140 your 485 is linked to. You can swap your pending 485 to other 140 but dates for that 140 have to be current in order to do the swap. Their system is not smart enough to link both 140's to the same 485(this info is after talking to NSC IIO). Having the same A# is the first step all applications are in the same physical file but interfiling is relinking existing 485 with new 140 instead of old 140. This has to be updated in your electronic file.



Quote:
Originally Posted by emgk View Post
Hi all

Here is my situation:

Applied LC Feb 2006 (approved)
Applied I-140 (PD Feb 2006) and I-485 concurrently in Aug 2007 (pending)
Applied second LC Jan 2008 from the same employer (approved)
Applied I-140 (PD Jan 2008) based on the second LC and it was approved. I assume this I-140 was interlinked with previously applied I-485 as I see the "A" number in the approved petition.

Now I have received an RFE on the concurrently filed I-140 (PD Feb 2006). What are my options if the I-140 is rejected after responding to the RFE? Will my I-485 be active becuase I have another another I-140 approved (PD Jan 2008) that is linked to the I-485? what will be my PD if the second I-140 is used? Please help.

Last edited by stuckinretro; 04-08-2009 at 08:13 PM.
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  #3  
Old 04-08-2009, 11:47 PM
emgk emgk is offline
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stuckinretro,
thank you very much for your response. when you say dates have to be current to swap, did you mean priority date? My priority date for the approved I-140 is Jan 2008. It is not current. What happens to my I-485, if the concurrently filed I-140 is rejected? Does the 485 gets rejected too? or will it be in pending status until the approved I-140's priority date becomes current. Thanks.

Last edited by emgk; 04-09-2009 at 12:07 AM.
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  #4  
Old 04-09-2009, 12:21 AM
emgk emgk is offline
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Default came across similar situation in another forum

Similar case posted on murthy forum.

http://murthyforum.atinfopop.com/4/O...2&m=1971073681

Do you think vd_sarkar's case is a mistake on the part of USCIS?
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  #5  
Old 04-09-2009, 08:55 AM
stuckinretro stuckinretro is offline
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
05/14/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
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Join Date: May 2006
Posts: 65
stuckinretro is infamous around these parts
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I wouldn't speculate. Take an Infopass, you would have more information after that.

Quote:
Originally Posted by emgk View Post
Similar case posted on murthy forum.

http://murthyforum.atinfopop.com/4/O...2&m=1971073681

Do you think vd_sarkar's case is a mistake on the part of USCIS?
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  #6  
Old 04-09-2009, 09:07 AM
hopefulgc hopefulgc is offline
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Priority Date
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Apr-04
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I-140
I485 Mailed Date
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Join Date: Jul 2007
Posts: 488
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What category was the Feb 2006 I-140 in and what category was the Jan 2008 I-140 in?
If this is a case of EB3 -> EB2 interfiling & you received an RFE, you are not alone. A ton of ppl on are facing similar issues. Most likely your previous I-140 will also be re-opened with an RFE and very possibly be denied.

Wish USCIS could read the law and follow it.



Quote:
Originally Posted by emgk View Post
Hi all

Here is my situation:

Applied LC Feb 2006 (approved)
Applied I-140 (PD Feb 2006) and I-485 concurrently in Aug 2007 (pending)
Applied second LC Jan 2008 from the same employer (approved)
Applied I-140 (PD Jan 2008) based on the second LC and it was approved. I assume this I-140 was interlinked with previously applied I-485 as I see the "A" number in the approved petition.

Now I have received an RFE on the concurrently filed I-140 (PD Feb 2006). What are my options if the I-140 is rejected after responding to the RFE? Will my I-485 be active becuase I have another another I-140 approved (PD Jan 2008) that is linked to the I-485? what will be my PD if the second I-140 is used? Please help.
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  #7  
Old 04-09-2009, 10:24 AM
emgk emgk is offline
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hopefulgc,

Thanks much for your response.

"What category was the Feb 2006 I-140 in and what category was the Jan 2008 I-140 in?"

My first I-140 (Feb 2006 PD) is EB2. Since RFE/denial was expected, started another process in EB3. Second I-140 (Jan 2008 PD) was filed under EB3 category and was approved.
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