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  #1  
Old 01-13-2011, 11:23 AM
Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
04/15/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Aug 2007
Posts: 93
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Default Priority Date Porting Issue

Hi,

My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don’t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven’t canceled my I-140 (I can check the status at USCIS web site).

My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.

1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month
.

I have checked with my company lawyer, they’re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they’ve issued the I-140. They say that usually there’s no response from USCIS on such cases even if we put in a request. I’ve asked them to see if there are any other options

There is any other option!!

Thanks in advance.

1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
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  #2  
Old 01-13-2011, 02:08 PM
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First try to get a copy of your approved EB3 I-140 through FOIA request with USCIS, this could be a time consuming task. If you are lucky you might get this in 30 days. But heard in the forum that it was even lesser than 30 days they got a copy.

Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.

Good luck
Raj
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #3  
Old 01-13-2011, 03:37 PM
Member
Priority Date
:
Nov-07
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EB2
I140 Mailed Date
:
04/15/2008
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India
Processing Stage
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I-485
I485 Mailed Date
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Join Date: Aug 2007
Posts: 93
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Exclamation I-140 amendment ??

Thanks Raj for your reply.

- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

- Can I file my 485 with pending answer on I-140 amendment?
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  #4  
Old 01-16-2011, 11:00 PM
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Quote:
Originally Posted by mayurcreation View Post
Thanks Raj for your reply.

- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

- Can I file my 485 with pending answer on I-140 amendment?
1. Yes you can certainly do that too.

2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #5  
Old 01-17-2011, 03:08 PM
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Default

Quote:
Originally Posted by rajenk View Post
1. Yes you can certainly do that too.

2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,

You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).

A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?

Thanks
SHL
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  #6  
Old 01-17-2011, 03:40 PM
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Default

Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

Good luck
Raj
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #7  
Old 01-17-2011, 04:57 PM
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stillhowlong is on a distinguished road
Default

Quote:
Originally Posted by rajenk View Post
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

Good luck
Raj
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
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  #8  
Old 01-18-2011, 12:36 PM
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stillhowlong is on a distinguished road
Default

Quote:
Originally Posted by alvin View Post
You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

Thanks
SHL
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  #9  
Old 01-19-2011, 01:01 AM
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As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.

Last edited by alvin; 01-19-2011 at 01:19 AM.
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  #10  
Old 01-19-2011, 07:55 PM
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stillhowlong is on a distinguished road
Default

Quote:
Originally Posted by alvin View Post
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
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  #11  
Old 10-11-2011, 02:32 PM
Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
04/15/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 93
mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute
Default Interfiling

Quote:
Originally Posted by rajenk View Post
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

Good luck
Raj
Does anyone successfully done interfiling? Can you please share your experience?

Thanks.
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