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  #1  
Old 06-10-2009, 11:59 PM
Senior Member
Priority Date
:
Sep-05
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EB2
I140 Mailed Date
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:
Nepal
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:
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Default Best approach to correct the PD on the approved I-140

Several members have recently experienced and reported the unfortunate situation where the USCIS puts wrong priority date on the approved I-140. In my case I have two I-140 approved under different category but the I-140 under EB2 has a wrong PD because USCIS didn't port my earlier PD from the previously approved I-140 under EB3.

I have researched the forum and talked to my attorney and there are few suggestions with regard to the steps we can take to correct the PD on the I-140. I am listing the few options below:

1. Apply for an I-140 amendment and request the PD correction. This, however, means that you have to pay for the I-140 petition fee and attorney fee again. You will get a different receipt number and it will almost be like applying for another I-140. It works but cots money, according to my attorney.

2. Have the attorney or the employer simply write a letter to USCIS to correct the PD. It may work but my attorney said that in many cases USCIS will just neglect the request as status update and nothing will happen. This doesn't cost anything but might not fix the problem as well. Again this is my attorney's view.

You personally can't write the letter yourself because the correction request needs to come from either the petitioner or the attorney of record.

3. The attorney can also request help from AILA Liaison Process to get the PD corrected but attorney has to pursue that avenue and it could take months.

If you have any other suggestions which might be more effective, please share it with us all.
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  #2  
Old 06-12-2009, 03:22 AM
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Anyone cares to help.
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  #3  
Old 06-12-2009, 01:54 PM
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Mar-04
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06/11/2007
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My erroneous PD was corrected in a week's time in July 2007, but remember there was no porting of dates involved, there was a wrong date on the labor cert that carried onto the I-140. The attorney simply called the NSC thro' a liaison and things were taken care of with an amended I-140 mailed in a week.

I am not sure what complexity porting of EB3 PD to EB2 would bring into changing the PD, but it is, as I understand from a co-worker of mine, the process took a few months for for him. The attorney just sent a letter for porting and the matter got resolved but only after the co-worker got the case pushed thro' his local congressman.
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  #4  
Old 06-12-2009, 02:13 PM
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Default

Thanks for the input.

Porting the PD shouldn't add to the complexity of the case. It is something the beneficiary of multiple I-140 is entitled to and I believe it is a case of USCIS carelessness or laziness where they don't spend any time looking at previously approved I-140 and port the original date despite being requested to do exactly that. I am pursuing the case from all possible avenue and the outcome remains to be seen.

Quote:
Originally Posted by InTheMoment View Post
My erroneous PD was corrected in a week's time in July 2007, but remember there was no porting of dates involved, there was a wrong date on the labor cert that carried onto the I-140. The attorney simply called the NSC thro' a liaison and things were taken care of with an amended I-140 mailed in a week.

I am not sure what complexity porting of EB3 PD to EB2 would bring into changing the PD, but it is, as I understand from a co-worker of mine, the process took a few months for for him. The attorney just sent a letter for porting and the matter got resolved but only after the co-worker got the case pushed thro' his local congressman.
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  #5  
Old 06-15-2009, 02:59 PM
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^^
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  #6  
Old 06-17-2009, 01:50 AM
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Dec-03
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Tried calling customer service? Usually they respond to attorneys. Won't entertain your calls.
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  #7  
Old 06-17-2009, 02:21 AM
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Attorney did say that she would call and request the change. If that didn't work, would use the AILA liaison service. Let's see if anyone of those work. Will keep you posted if I hear anything.

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Originally Posted by a1b2c3 View Post
Tried calling customer service? Usually they respond to attorneys. Won't entertain your calls.
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