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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 01-13-2009, 05:02 PM
jackrock79 jackrock79 is offline
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Default Sub I-140 approval date

Hi,

I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.

Thanks!!
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  #2  
Old 01-13-2009, 05:21 PM
addsf345 addsf345 is offline
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Quote:
Originally Posted by jackrock79 View Post
Hi,

I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.

Thanks!!
I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.

One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?
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  #3  
Old 01-13-2009, 05:56 PM
jackrock79 jackrock79 is offline
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Yes. This is an old case.

Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

Thanks!!
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  #4  
Old 01-13-2009, 06:01 PM
addsf345 addsf345 is offline
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Originally Posted by jackrock79 View Post
Yes. This is an old case.

Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
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  #5  
Old 01-13-2009, 06:23 PM
lskreddy lskreddy is offline
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Originally Posted by addsf345 View Post
it won't correct, as this practice has been long stopped. You may be in trouble for sure.
I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..
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  #6  
Old 01-13-2009, 07:14 PM
sathweb sathweb is offline
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Quote:
Originally Posted by jackrock79 View Post
Hi,

I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.

Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.

Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.

Go ahead and appeal, try your luck.

Best of luck bud.
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  #7  
Old 01-13-2009, 08:05 PM
maverick_s39 maverick_s39 is offline
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hi sathweb

Here is a link i found on immigration.com

http://www.immigration.com/newsletter1/submemoins.html

The last section "C. Disposition of Substitution Requests" says

"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"

This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
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  #8  
Old 01-13-2009, 09:34 PM
masaternyc masaternyc is offline
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Default Substitue Labor Not Date

I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.
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  #9  
Old 01-13-2009, 10:02 PM
sathweb sathweb is offline
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Priority Date
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Sep-01
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Posts: 66
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Default

Quote:
Originally Posted by jackrock79 View Post
Hi,

I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.

Thanks!!
Look at this document:

http://www.greencardapply.com/news/n...ews05_0308.htm

In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".

http://www.state.gov/documents/organization/87866.pdf

Last edited by sathweb; 01-13-2009 at 10:20 PM.
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  #10  
Old 01-14-2009, 01:13 AM
suavesandeep suavesandeep is offline
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Jan-06
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2006-04-10
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2007-08-04
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If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.

I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits
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