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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 08-13-2010, 02:58 PM
setpit_gc setpit_gc is offline
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
08/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
Posts: 72
setpit_gc is infamous around these parts setpit_gc is infamous around these parts setpit_gc is infamous around these parts
Default Automatic PD Recapture

My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.
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  #2  
Old 08-13-2010, 03:01 PM
Sachin_Stock Sachin_Stock is offline
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
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Join Date: Mar 2006
Posts: 124
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Default

So what are you complaining about

Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
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  #3  
Old 08-13-2010, 03:09 PM
setpit_gc setpit_gc is offline
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
08/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
Posts: 72
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Default

What if that company not willing to offer any employment or no longer exists?.
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  #4  
Old 08-13-2010, 03:32 PM
Sachin_Stock Sachin_Stock is offline
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
Compare
Join Date: Mar 2006
Posts: 124
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Default

Any gurus can answer this question?
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  #5  
Old 08-13-2010, 03:58 PM
gk_2000 gk_2000 is offline
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Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
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:
India
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:
N/A
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:
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Default

Quote:
Originally Posted by setpit_gc View Post
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.
But when was the 485 filed? was it filed by the other company along with 140 in 2007 july fiasco?
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  #6  
Old 08-13-2010, 04:04 PM
MeraNaamJoker MeraNaamJoker is offline
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Priority Date
:
Dec-01
Category
:
EB3
I140 Mailed Date
:
01/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
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Join Date: Aug 2010
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Default

This seems to be a unique situation.

If the company does not object to your approval then you should be fine.

Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
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  #7  
Old 08-13-2010, 04:39 PM
setpit_gc setpit_gc is offline
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
08/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 72
setpit_gc is infamous around these parts setpit_gc is infamous around these parts setpit_gc is infamous around these parts
Default

485 (EB3) was filed in July 2007 and still working for that company.
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  #8  
Old 08-13-2010, 05:15 PM
setpit_gc setpit_gc is offline
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
08/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 72
setpit_gc is infamous around these parts setpit_gc is infamous around these parts setpit_gc is infamous around these parts
Default

643 people viewed this so far but only 2 responded.

Please I need more views before I make decision
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  #9  
Old 08-13-2010, 05:23 PM
amaran18 amaran18 is offline
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Priority Date
:
Dec-04
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:
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:
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:
India
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:
I-485
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:
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Join Date: Jul 2010
Posts: 9
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Default

First of all, Congrats !!

You should talk to a lawyer to get this clarified.
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  #10  
Old 08-13-2010, 05:30 PM
amaran18 amaran18 is offline
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 9
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Default

First of all, Congrats !!

You should talk to a lawyer to get this clarified.
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  #11  
Old 08-13-2010, 07:05 PM
anu_t anu_t is offline
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Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
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:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Posts: 117
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Default

joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.

Last edited by anu_t; 08-13-2010 at 07:59 PM.
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  #12  
Old 08-14-2010, 10:19 AM
setpit_gc setpit_gc is offline
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
08/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 72
setpit_gc is infamous around these parts setpit_gc is infamous around these parts setpit_gc is infamous around these parts
Default

ok. Any other suggestions?.
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  #13  
Old 08-14-2010, 10:56 AM
furiouspride furiouspride is offline
Senior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
06/26/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2009
Posts: 137
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Default

Quote:
Originally Posted by setpit_gc View Post
ok. Any other suggestions?.
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!
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  #14  
Old 08-14-2010, 03:13 PM
immigc06 immigc06 is offline
Member
Priority Date
:
Feb-03
Category
:
EB3
I140 Mailed Date
:
09/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/14/2007
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Join Date: Dec 2006
Posts: 29
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Default

Quote:
Originally Posted by setpit_gc View Post
ok. Any other suggestions?.
I think you should go to lawyer and resolve this.
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  #15  
Old 08-14-2010, 09:23 PM
cableching cableching is offline
Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
11/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 44
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Default Do not worry and enjoy your freedom!

Quote:
Originally Posted by setpit_gc View Post
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
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