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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 06-16-2008, 07:31 PM
sidd sidd is offline
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Default I-140 Priority Date recapture issue

Hi Folks,

My I-140 got approved recently. My attorney had requested to recapture the priority date from my prev. approved I-140. The USCIS has given the prev. PD, but there is a one day difference. (e.g. Prev. PD Oct. 25, 2006..... New PD that is given is Oct. 24, 2006 instead of Oct. 25, 2006). Can this be a problem of any kind in future at I-485 stage etc.? (I-485 not applied yet).

Thanks.
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  #2  
Old 06-16-2008, 08:49 PM
greenguru greenguru is offline
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Default That is good news

Congratulations you were able to port it. Could you please share some info. on as to how to you applied for i 140. Was it with a letter and how much time it too k you for approval.

cheers,
__________________
EB3 PD : Oct 2004. & EB2 2009[ India ]
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  #3  
Old 06-16-2008, 09:20 PM
VivekAhuja VivekAhuja is offline
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Default Port

No problem about date.
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  #4  
Old 06-16-2008, 09:28 PM
hyddsnr hyddsnr is offline
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Default

Quote:
Originally Posted by sidd View Post
Hi Folks,

My I-140 got approved recently. My attorney had requested to recapture the priority date from my prev. approved I-140. The USCIS has given the prev. PD, but there is a one day difference. (e.g. Prev. PD Oct. 25, 2006..... New PD that is given is Oct. 24, 2006 instead of Oct. 25, 2006). Can this be a problem of any kind in future at I-485 stage etc.? (I-485 not applied yet).

Thanks.

Congrats. Iam in a same boat. I will be thankful if you can let me know the details, like what did your lawyer do. In my case my lawyer sent request letter to port the least pd date. But did't get any reply so far. Can you please share your experience in this regard.
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  #5  
Old 06-19-2008, 12:17 AM
sidd sidd is offline
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Default request recapture of date when filing for new I-140

The attorney requests to recapture the priority date from a prev. approved I-140 (along with a copy of that), when filing for the new I-140. The request has to be specific in the form of a separate letter that is submitted along with the I-140 petition.
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  #6  
Old 06-19-2008, 11:23 AM
pramaiah pramaiah is offline
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Default

Did anyone successfully port the PD during the I485 stage. My attroney has sent 2 letters so far to USCIS to port the PD from eb3 140 to eb2 140. We havent heard from uscics yet.
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  #7  
Old 06-19-2008, 12:15 PM
gc4arun gc4arun is offline
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Default PD recapture EB3 to Eb2

Quote:
Originally Posted by pramaiah View Post
Did anyone successfully port the PD during the I485 stage. My attorney has sent 2 letters so far to USCIS to port the PD from eb3 140 to eb2 140. We havent heard from uscics yet.
This is not much a problem- I have done a recap of my pd from Eb3 with company A to a comapny B Eb2. Usually you do not "hear" anything from USCIS.

If you can ask your attorney to send you a copy of the cover letter where he asked for "porting" or "recapture" or "interfiling"

I hope your I140 was approved prior to request for recap, and is it same or different company? In case its a different company, do you know if the previous company has not revoked the previous I140



Take it easy Pd recap is very simple
__________________
PD - 17 Nov 03 EB2 INDIA ( recap'd own EB3 labor)

RD- I485/765/131-6/14/07 TSC

ND- 7/2/07(all apps)

FP- Done 8/1/07


I 765EAD- self + wife -
LUD 8/14/07 card production ordered, LUD 8/15/07 , LUD 8/16/07 approval notice sent Rect N: SRC0721050XXX, LUD 8/17/07 same messg , 8/18/07 Sat EAD card recd at home

I 131 AP-LUD 8/6, 8/12,8/27/07 late eve ( no change in message), 9/5/07 -approved

I 485- pending !! LUD 8/1/07 eve & 8/2/07
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  #8  
Old 06-19-2008, 01:16 PM
pramaiah pramaiah is offline
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Default

gcArun,
Thanks. Its the same company, both I140's are approved. Eb2 I140 approved in the first week on may 2007, eb3 PD is march 03. Sent first letter to USCIS on may 9th. I am not sure whether my attroney sent a letter for porting, recapturing or interfiling, I will ask him. What about you, did you send your letter for porting or recapturing or interfiling. How many days did it take for you to port. Did you see any LUD on your I485, how did you come to know about recapturing PD successfully.
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  #9  
Old 06-19-2008, 02:04 PM
pd_recapturing pd_recapturing is offline
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Default

Quote:
Originally Posted by pramaiah View Post
gcArun,
Thanks. Its the same company, both I140's are approved. Eb2 I140 approved in the first week on may 2007, eb3 PD is march 03. Sent first letter to USCIS on may 9th. I am not sure whether my attroney sent a letter for porting, recapturing or interfiling, I will ask him. What about you, did you send your letter for porting or recapturing or interfiling. How many days did it take for you to port. Did you see any LUD on your I485, how did you come to know about recapturing PD successfully.
I am also in same boat. For me, PD recapturing is done and now, I am looking for interfiling. I and my lawyer have sent several letters to TSC but did not receive any response. Talking to IO has also been fruitless. Have not seen any LUD as well. Can you tell us about your details ?
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  #10  
Old 06-19-2008, 02:12 PM
NJpatel NJpatel is offline
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Jun-03
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Default PD porting issue at I140 stage

Guys,
I am in the same situation...
I have I-140-EB3-June-2003PD which i have used to file I-485 last year July2007.
I also got I-140-EB2-July-2007PD approved This month but on my this approved EB2-I140, USCIS did not change the PD to June-2003 eventhough we asked them to PORT my EB3-PD when we filed this new EB2-i140 application.


My attoney did two things:
* They send request to USCIS asking to correct the PD Porting on EB2-I140. ( this was send to TCS as my i140 was filied at TSC)
* Also send USCIS an interfiling request to my pending I-485 application, to use new EB2-I140 but to use Old EB3-I140 PD. ( this was send to NSC as my I485 is pending at NSC)

As per current senerio now i have EB2-with PD of June2003, which is current for India.

I hope that USCIS will take action as soon as they receive this interfiling request.

If any update i will post it.
__________________
PD : June 2003
EB3 India
I-140 approved Jan 07
I-485 filed July 07 ,
I-1485 NoticeDate Sep 21 07.
EB2-I140 with PD June 07 approved on May 29 08
Reqested for interfiling At NSC June-5-08
I-485 approved date : Aug 1-2008
NJ

Last edited by NJpatel; 06-19-2008 at 02:16 PM.
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  #11  
Old 06-19-2008, 02:21 PM
pramaiah pramaiah is offline
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Priority Date
:
Apr-03
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I140 Mailed Date
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Default

NjPatel,
Did you have any LUD on your I485 about recaptruing the priority date or did you get a letter from the USCIS saying your priority date is recaptured.
After my attroney sent the letter there was a soft LUD on my Eb2 I140 thats it.
If I call USCIS and ask IO whether my pd is recaptured will I know or the IO dont have access to it.
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  #12  
Old 06-20-2008, 12:46 PM
NJpatel NJpatel is offline
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Priority Date
:
Jun-03
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EB3
I140 Mailed Date
:
09/05/2006
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India
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I485 Mailed Date
:
07/15/2007
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Default

NO lud on EB2-I-140 or on my 485. I guess its too early to say.


Quote:
Originally Posted by pramaiah View Post
NjPatel,
Did you have any LUD on your I485 about recaptruing the priority date or did you get a letter from the USCIS saying your priority date is recaptured.
After my attroney sent the letter there was a soft LUD on my Eb2 I140 thats it.
If I call USCIS and ask IO whether my pd is recaptured will I know or the IO dont have access to it.
__________________
PD : June 2003
EB3 India
I-140 approved Jan 07
I-485 filed July 07 ,
I-1485 NoticeDate Sep 21 07.
EB2-I140 with PD June 07 approved on May 29 08
Reqested for interfiling At NSC June-5-08
I-485 approved date : Aug 1-2008
NJ
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  #13  
Old 06-20-2008, 12:51 PM
NJpatel NJpatel is offline
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Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
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09/05/2006
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:
07/15/2007
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NJpatel is infamous around these parts
Default

sidd: How much time it took for you to capture this PD from your approved I-140 to new I140?



Quote:
Originally Posted by sidd View Post
The attorney requests to recapture the priority date from a prev. approved I-140 (along with a copy of that), when filing for the new I-140. The request has to be specific in the form of a separate letter that is submitted along with the I-140 petition.
__________________
PD : June 2003
EB3 India
I-140 approved Jan 07
I-485 filed July 07 ,
I-1485 NoticeDate Sep 21 07.
EB2-I140 with PD June 07 approved on May 29 08
Reqested for interfiling At NSC June-5-08
I-485 approved date : Aug 1-2008
NJ
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  #14  
Old 06-20-2008, 01:18 PM
indyanguy indyanguy is offline
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Dec-04
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Default

Can someone tell me what the difference is between "porting" , "recapture" and "interfiling"?

sidd - If porting the date is done in the same company, is it required that the EB2 position and salary be different from the earlier EB3 position?
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  #15  
Old 08-02-2008, 05:03 PM
NJpatel NJpatel is offline
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Priority Date
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Default Got My GC using PD interfilling...

Hi guys,

As per my promise of updating if any change in my case, Yesterday I got email from USCIS stating my I-485 being approved and card is in production.

FYI..

No LUD on my EB3-I140 or EB2-I140. also i did not saw any LUD on my I-485, except the day on which it got approved which is Aug-1-2008.

In short my interfilling went smooth.


NJpatel

Quote:
Originally Posted by NJpatel View Post
Guys,
I am in the same situation...
I have I-140-EB3-June-2003PD which i have used to file I-485 last year July2007.
I also got I-140-EB2-July-2007PD approved This month but on my this approved EB2-I140, USCIS did not change the PD to June-2003 eventhough we asked them to PORT my EB3-PD when we filed this new EB2-i140 application.


My attoney did two things:
* They send request to USCIS asking to correct the PD Porting on EB2-I140. ( this was send to TCS as my i140 was filied at TSC)
* Also send USCIS an interfiling request to my pending I-485 application, to use new EB2-I140 but to use Old EB3-I140 PD. ( this was send to NSC as my I485 is pending at NSC)

As per current senerio now i have EB2-with PD of June2003, which is current for India.

I hope that USCIS will take action as soon as they receive this interfiling request.

If any update i will post it.
__________________
PD : June 2003
EB3 India
I-140 approved Jan 07
I-485 filed July 07 ,
I-1485 NoticeDate Sep 21 07.
EB2-I140 with PD June 07 approved on May 29 08
Reqested for interfiling At NSC June-5-08
I-485 approved date : Aug 1-2008
NJ

Last edited by NJpatel; 08-02-2008 at 05:07 PM.
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