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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 05-04-2010, 01:29 PM
gnutin gnutin is offline
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Default Priority date recapture

When should we apply to recapture priority date?

I have an approved I-140 from a previous employer. The new employer is filing for new I-140 now and their lawyers tell me that they will apply for priority date recapture from the old filing when applying for I-485. Is this the right approach?
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  #2  
Old 05-04-2010, 01:38 PM
anantc anantc is offline
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Default apply for new 140 with old 140/labor

Ask your lawyer to apply for new 140 with old 140/labor so USCIS automatically adjusts ur I-485 if it is pending. If no I-485 is filed yet, then i gues that is the right approach to follow.
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  #3  
Old 05-04-2010, 01:41 PM
gnutin gnutin is offline
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gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough
Default

Thanks for the prompt reply. No I-485 has been filed yet. So it looks like I'll just have to wait until the I-485 filing to request recapture of the priority date.
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  #4  
Old 05-04-2010, 02:36 PM
ivar ivar is offline
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Default File new I-140 and request for PD porting together.

Quote:
Originally Posted by gnutin View Post
When should we apply to recapture priority date?

I have an approved I-140 from a previous employer. The new employer is filing for new I-140 now and their lawyers tell me that they will apply for priority date recapture from the old filing when applying for I-485. Is this the right approach?
I would say file new I-140 and request to port your Priority date together, this way you will have your new I-140 with old priority date on the approval notice. This will save time and there will be less complications when dates are current.
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  #5  
Old 05-04-2010, 02:49 PM
gnutin gnutin is offline
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gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough
Default Followup questions

Ivar, thanks a lot for your reply. The problem is that I have asked the immigration attorney twice and they keep telling me that the priority date recapture request will be sent when they file for I-485. So I have these questions:
* What kind of problems can I run into if the PD recapture is not done with the new I-140 filing?
* Also, is there some documentation that shows that the PD recapture can in-fact be done with the I-140 filing? I'll need this if I have to push the lawyer to do it at this stage.
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  #6  
Old 02-26-2011, 12:14 PM
kunjirs kunjirs is offline
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Default Question on the Priority Date Recapture

I have a question on the priority date recapture. I know that if I have approved labor and I140, I can recapture the date. Here is my situation. Currently filed as a dependent on my wife's GC application. It is in EB3 with priority date of 2006. I485 pending.

With long wait in EB3, I want to file my application in EB2. Want to check if I can recapture date of my EB2 labor and 140 that was filed in 2007 by Company A.

I do not know for sure if my I140 was approved as Company A did not have policy of sharing Labor and I140. I worked for the Company A from Feb 2007 to June 2008. My labor was filed in Mar 2007 and approved in April 2007. My I140 was filed in Oct 2007.

I requested the information of my Labor and I140 from USCIS through FOIA. (Thanks to IV). My Labor shows approved. But USCIS came back saying that they cannot find my I140. But they attached a letter that they sent to company A. Per that letter USCIS terminated action on this petition per request from company A on Sept 2, 2008. Per that letter my I140 was filed on oct 2, 2007.

Is there any way to know if my I140 was ever approved as it was filed on oct 2, 2007 and withdrawn on Sept 2, 2008? I checked the USCIS case status with receipt number on the letter and it just has the information on withdrawl.
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  #7  
Old 02-26-2011, 01:22 PM
gnutin gnutin is offline
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gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough gnutin is a jewel in the rough
Default

Unfortunately, you cannot recapture the PD unless your I-140 was approved AND was not withdrawn.
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