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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 08-29-2011, 02:28 PM
manish1905 manish1905 is offline
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Default I140-didn't retain old PD

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)
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  #2  
Old 08-29-2011, 07:51 PM
GMKrishna GMKrishna is offline
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Default I was there and came out!

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 My new 140 was approved by TSC but did not port the date as my old 140 was withdrawn by employer.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!
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  #3  
Old 08-29-2011, 08:11 PM
GCOP GCOP is offline
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Default

GMKrishna,
I just sent you a private message, I will appreciate if you will please respond.
Thanks
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  #4  
Old 08-29-2011, 08:26 PM
manish1905 manish1905 is offline
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Default

Quote:
Originally Posted by GMKrishna View Post
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 My new 140 was approved by TSC but did not port the date as my old 140 was withdrawn by employer.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........
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  #5  
Old 08-29-2011, 08:59 PM
boston_gc boston_gc is offline
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If you had applied as premium processing, they are suppose to get back to you in 2 weeks.
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  #6  
Old 08-29-2011, 09:40 PM
baala.j2ee baala.j2ee is offline
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Default

Quote:
Originally Posted by manish1905 View Post
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'
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  #7  
Old 08-30-2011, 02:51 AM
tmasth tmasth is offline
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Default

Quote:
Originally Posted by GMKrishna View Post
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.
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  #8  
Old 08-30-2011, 02:40 PM
maanj maanj is offline
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Default USCIS memo on porting

Quote:
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?
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  #9  
Old 08-30-2011, 10:58 PM
GMKrishna GMKrishna is offline
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Default responses

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.
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  #10  
Old 08-31-2011, 12:16 PM
vegasbaby vegasbaby is offline
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Priority Date
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Nov-04
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Default

Quote:
Originally Posted by manish1905 View Post
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/fo...ml#post2632193

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

Last edited by vegasbaby; 08-31-2011 at 12:18 PM. Reason: add info
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  #11  
Old 09-14-2011, 08:22 AM
manish1905 manish1905 is offline
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Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
02/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
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Default I140 didn't retain old PD

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

Quote:
Originally Posted by manish1905 View Post
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)
__________________
IV Donation=$350
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  #12  
Old 09-15-2011, 01:50 PM
EB3_SEP04 EB3_SEP04 is offline
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Default PD porting and I485

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.
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  #13  
Old 09-15-2011, 03:34 PM
vegasbaby vegasbaby is offline
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Default

Quote:
Originally Posted by EB3_SEP04 View Post
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.
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  #14  
Old 10-03-2011, 08:10 PM
manish1905 manish1905 is offline
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Priority Date
:
Nov-06
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EB3
I140 Mailed Date
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:
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Default porting

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........

Quote:
Originally Posted by manish1905 View Post
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........
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  #15  
Old 12-07-2011, 02:16 PM
dmitri dmitri is offline
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Default

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...
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