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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 09-26-2010, 09:38 AM
billu billu is offline
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Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Aug 2007
Posts: 136
billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of
Default old I-140 still remains valid if new one is denied?

I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:

If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
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  #2  
Old 09-26-2010, 02:59 PM
reachinus reachinus is offline
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 162
reachinus is just really nice reachinus is just really nice reachinus is just really nice reachinus is just really nice
Default it will still be..............

your old 140 will still be valid even if the new one is deneid and as long its not withdrawn or revoked by USCIS. You should be able to get 3 yrs H1 based on your approved 140. Hope this helps.
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  #3  
Old 09-26-2010, 08:43 PM
billu billu is offline
Senior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 136
billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of billu has much to be proud of
Default thanks

thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful
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  #4  
Old 09-27-2010, 09:46 AM
BKY BKY is offline
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Priority Date
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:
N/A
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:
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:
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Join Date: May 2010
Posts: 9
BKY is infamous around these parts BKY is infamous around these parts BKY is infamous around these parts
Default Why your EB2 will not be approved ?

Quote:
Originally Posted by billu View Post
thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful
Why do you think that your EB2 I-140 will not be approved ?

What is your qualifications and experience ?
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