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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 06-22-2007, 02:36 PM
softcrowd softcrowd is offline
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Priority Date
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Apr-04
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I140 Mailed Date
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04/01/2005
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India
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I485 Mailed Date
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08/02/2007
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Default Can the PD be transfered when 485 is pending?

I have an Eb2 2006 140 thats pending (from Current employer) & I am planning to file 485 through this.

I also have another EB3 2004 140 thats pending at TSC. I got an RFE & its taking longer for my employer to reply. So have less hopes on this.

If after filing my 485 with 2006 EB2, say miraculously, if my Eb3 2004 140 is also cleared - Can i send a copy of this 2004 i-140 to copy & request the USCIS to do a PD transfer onto my pending 2006 Eb2 140 (for which 485 is filed)??

In normal scenarions, PDs can be transfered, but is this same possible with 485 pending too?

Could you please clarify? This is very critical for me.

PS: I am not talking about substituring the 140s with each other. Its just a PD transfer when the 485 is pending.
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  #2  
Old 06-22-2007, 02:38 PM
jonty_11 jonty_11 is offline
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Priority Date
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Sep-03
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PS: I am not talking about substituring the 140s with each other. Its just a PD transfer when the 485 is pending.


This is effectively what u will be doing...!
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  #3  
Old 06-22-2007, 02:54 PM
softcrowd softcrowd is offline
Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
04/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
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Join Date: May 2006
Posts: 86
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Default Not really....

I am applying my 485 application based on an Eb2 140...

then asking the USCIS to port my approved EB3's priority date (which is 2004) onto my EB2. So that my PD becomes EB2 2004.


In contrary, If I go for an 140 substitution, I would end up getting a PD of EB3 2004. (which I think is not as good as EB2 2004).

So just want to check this kind of PD transfer is allowed after filing 485??

(I know during or before the the 485 filing, its possible)
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  #4  
Old 06-22-2007, 02:57 PM
jonty_11 jonty_11 is offline
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Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
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Default

It should be possible ..consult an attorney.
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  #5  
Old 06-22-2007, 03:09 PM
desi3933 desi3933 is offline
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Before 2000
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Quote:
Originally Posted by softcrowd
I have an Eb2 2006 140 thats pending (from Current employer) & I am planning to file 485 through this.

I also have another EB3 2004 140 thats pending at TSC. I got an RFE & its taking longer for my employer to reply. So have less hopes on this.

If after filing my 485 with 2006 EB2, say miraculously, if my Eb3 2004 140 is also cleared - Can i send a copy of this 2004 i-140 to copy & request the USCIS to do a PD transfer onto my pending 2006 Eb2 140 (for which 485 is filed)??

In normal scenarions, PDs can be transfered, but is this same possible with 485 pending too?

Could you please clarify? This is very critical for me.

PS: I am not talking about substituring the 140s with each other. Its just a PD transfer when the 485 is pending.
PD porting has nothing to do if I-485 is pending. PD porting requires 2 (or more) approved and active I-140s for same alien.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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  #6  
Old 06-22-2007, 03:51 PM
softcrowd softcrowd is offline
Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
04/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
Compare
Join Date: May 2006
Posts: 86
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Default Thanks Guys

Even I was in the same impression till last evening....thats when I read a mention about Pearson's memo & someone said it prevents PD trasfers when 485 is pending..Got a doubt...

I am just reading the pearson memo & all it talks about is - Substituting a 140 with another when 485 is pending (Swaping of 140s).
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