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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 10-20-2009, 07:37 PM
waiting4_gc waiting4_gc is offline
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Priority Date
:
Mar-01
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I140 Mailed Date
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08/21/2005
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:
06/05/2007
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Smile Priority Date used without claiming

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.
__________________
EB3 PD Aug 2002
140 TSC got approved in NOV 2006
I-485 filled in NSC Jul 05 2007
Receipt received from TSC Oct 22 2007
EAD rcv OCT 31 2007
FP rcv NOV 02 2007
AP rcv Dec 14 2007
Contributed $100
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  #2  
Old 10-20-2009, 07:40 PM
wandmaker wandmaker is offline
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Dec-05
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Quote:
Originally Posted by waiting4_gc View Post
decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.
Congrats! Run this through your attorney.
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We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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  #3  
Old 10-20-2009, 10:16 PM
fromnaija fromnaija is offline
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Priority Date
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Sep-06
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I140 Mailed Date
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10/30/2006
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06/30/2007
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Well, that' s how the system should work but more often than not we are suprised when things work as they should because we are all accustomed to USCIS doing things haphazardly.

I read your post again and was wondering if you have a I-140 approval for that labor. If you do then you are good and that's how the system should operate.
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen

Last edited by fromnaija; 10-21-2009 at 06:59 PM.
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  #4  
Old 10-21-2009, 03:39 AM
meridiani.planum meridiani.planum is offline
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Priority Date
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Jul-06
Category
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I140 Mailed Date
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08/01/2006
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08/10/2007
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Quote:
Originally Posted by waiting4_gc View Post
decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.
was your I-140 also approved on that earlier labor?
If not, then PD portability does not apply...
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  #5  
Old 10-21-2009, 09:13 AM
reddymjm reddymjm is offline
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Priority Date
:
Mar-03
Category
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I140 Mailed Date
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05/31/2005
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India
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I485 Mailed Date
:
05/31/2007
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Default I told this a year or so ago if you see my posts

Quote:
Originally Posted by waiting4_gc View Post
decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.
Thats one of the reasons EB3 is stuck so bad. All most all of the Indian companies might have filed a labor for those who were here from 1998 or so. USCIS is doing auto porting.
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  #6  
Old 10-21-2009, 09:47 AM
Caliber Caliber is offline
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Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
06/10/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/25/2007
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Join Date: Jan 2006
Posts: 199
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Quote:
Originally Posted by reddymjm View Post
Thats one of the reasons EB3 is stuck so bad. All most all of the Indian companies might have filed a labor for those who were here from 1998 or so. USCIS is doing auto porting.
Congrats Waiting4_GC.

If the PD has to be ported, 140 must have been approved with Mar 2001 labor. USCIS will not know what other lobor's were available at Labor Dept.

Otherwise, this may be one of those USCIS's magic.
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  #7  
Old 10-21-2009, 10:18 AM
gc_check gc_check is offline
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Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
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:
India
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I-485
I485 Mailed Date
:
07/23/2007
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Default

Quote:
Originally Posted by waiting4_gc View Post
decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.
First Congrats on your approval, I understand and know the pain of waiting and starting the EB GC process again and again from the start. Mine is similar to yours, except for in each case an I-140 was not filed and so PD is not mine . For your case, Unless you have an approved I-140 through the old labor, the PD's not yours. Did you file I-140 with the old labor and got approved or may be you left the company, but the employer did not revoke I-140 or cancel it. then it is possible the PD got ported. Since we have seen cases with PD porting is occurring for people with multiple I-140 even without requesting. If an I-140 is not filed, for the old labor, then the PD is not current and the AOS can't be approved, and I would suggest you clarify with an qualified Attorney to make sure you do not get into trouble in future.
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  #8  
Old 10-21-2009, 06:41 PM
waiting4_gc waiting4_gc is offline
Junior Member
Priority Date
:
Mar-01
Category
:
EB3
I140 Mailed Date
:
08/21/2005
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
06/05/2007
Compare
Join Date: Jul 2007
Posts: 18
waiting4_gc is on a distinguished road
Default

Quote:
Originally Posted by gc_check View Post
First Congrats on your approval, I understand and know the pain of waiting and starting the EB GC process again and again from the start. Mine is similar to yours, except for in each case an I-140 was not filed and so PD is not mine . For your case, Unless you have an approved I-140 through the old labor, the PD's not yours. Did you file I-140 with the old labor and got approved or may be you left the company, but the employer did not revoke I-140 or cancel it. then it is possible the PD got ported. Since we have seen cases with PD porting is occurring for people with multiple I-140 even without requesting. If an I-140 is not filed, for the old labor, then the PD is not current and the AOS can't be approved, and I would suggest you clarify with an qualified Attorney to make sure you do not get into trouble in future.
Thanks for the reply, i had 140 approved for march 01 but comapny didn't give a copy of the approved 140 so i was not able to use it while filling
__________________
EB3 PD Aug 2002
140 TSC got approved in NOV 2006
I-485 filled in NSC Jul 05 2007
Receipt received from TSC Oct 22 2007
EAD rcv OCT 31 2007
FP rcv NOV 02 2007
AP rcv Dec 14 2007
Contributed $100
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