Need suggestion on porting Priority date !!

J

jkss12

Registered Users (C)
Need your Suggestion Please.

I have two approved I140’s (EB3 – 2004 PD (from OLD Company) and EB2 – 2006 PD (from NEW Company) . Now EB2 visa date is April 2004

Already filed I 140/ 485 in Dec 2004 and this company was closed in 2005. Assume I am good with AC21 law (As Completed 365 days with this company and I 140 was approved and it was more than 180 days).

Question here is which way is better way to ask porting priority dates to existing I485??

1) By phone using POJ method?
2) By taking info pass??
3) By sending fax? Asking to expedite case using new I 140 and with OLD priority date from EB3
4) Sending Documents through FedEx to USCIS? Asking to expedite case using new I 140 and with OLD priority date from EB3

fyi - Already my attorney is working on this case. My case transferred from VSC to TSC on 03/09 and did FP2 on 05/10.


Also, Is it good time to invoke AC21? . Please advise
 
Last edited by a moderator:
NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition

This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007
 
Thanks Ginnu !

My Attorney did the same thing today !
______________________________________________________________

Yesterday I called Service Center couple of times and they didn't provided any updates - They said they system was down and talked very nicely (I think she is Cust Resp.. announced her ID , etc ) and asked me to check tomorrow. They answered each and every question nicely .

Today I called Service Center and used POJ Method.. She (IO May be ) was so rude and very hurry .. I can understand that :-).. People are calling every minute and asking same type of questions again and again. But I talked with her so politely (because we need their help). She is just answering to point to point.

I asked here , I want to do status inquiry on my pending I 485 case
A. she said Okay ..

Then, I asked here do you want my EAC number ?
A. She said yes , after giving EAC number .. She asked what is your SSN ? I gave her that .. then she asked what is your questions ?

I answered that I w ant to do status inquiry on my case as I have 2 I 140' Approved and wants to expediate case by using EB2 . She said we know that and we will process in the order the case was recieved .

I asked her, can you please expedite my case by using EB2 I 140 ? and I told her that I have another filed 140 petition ( EB3 Approved one with old Priority date ) with pending I 485.

Then she asked me do you know your case was transferred from VSC to TSC ? I said yes Mam, I know that ... and then she told me that , all TSC cases are processing faster and then again she said we are processing the cases in the order we received ..

Then asked her , if you don't mind can I ask one more question . she is not in mood at all .. May be busy ! I asked her , Is my name checkstill pending ? She said it is internal issue and you should not ask .. That's it .. all this conversation took just 5 minutes and then I said . .thanks for help mam !

She just hung up !! I think she is IO , as she didn't told any of her ID and busy talking with some one ., beside...
 
jkss12 said:
Thanks Ginnu !

My Attorney did the same thing today !
______________________________________________________________

Yesterday I called Service Center couple of times and they didn't provided any updates - They said they system was down and talked very nicely (I think she is Cust Resp.. announced her ID , etc ) and asked me to check tomorrow. They answered each and every question nicely .

Today I called Service Center and used POJ Method.. She (IO May be ) was so rude and very hurry .. I can understand that :-).. People are calling every minute and asking same type of questions again and again. But I talked with her so politely (because we need their help). She is just answering to point to point.

I asked here , I want to do status inquiry on my pending I 485 case
A. she said Okay ..

Then, I asked here do you want my EAC number ?
A. She said yes , after giving EAC number .. She asked what is your SSN ? I gave her that .. then she asked what is your questions ?

I answered that I w ant to do status inquiry on my case as I have 2 I 140' Approved and wants to expediate case by using EB2 . She said we know that and we will process in the order the case was recieved .

I asked her, can you please expedite my case by using EB2 I 140 ? and I told her that I have another filed 140 petition ( EB3 Approved one with old Priority date ) with pending I 485.

Then she asked me do you know your case was transferred from VSC to TSC ? I said yes Mam, I know that ... and then she told me that , all TSC cases are processing faster and then again she said we are processing the cases in the order we received ..

Then asked her , if you don't mind can I ask one more question . she is not in mood at all .. May be busy ! I asked her , Is my name checkstill pending ? She said it is internal issue and you should not ask .. That's it .. all this conversation took just 5 minutes and then I said . .thanks for help mam !

She just hung up !! I think she is IO , as she didn't told any of her ID and busy talking with some one ., beside...
Click to expand...

what is this POJ Method????
 
Ginnu - This people on form are calling POJ. I really don't know POJ:-)

1-800-375-5283

press 1..2..2..6..1..your case number..1..
wait for the automated status message then. select.3..4

POJ trick will help you to talk with the Immg. officer

1-800-375-5283
OPtions - 1-2-2-6-1
Enter your I485 receipt number
after receipt # use Options - 1-3-4
if you are lucky, you will connected with in 20 minutes otherwise you have to wait for longer.
 
Any one know who's case with PD 2004 transfered from VSC to TSC which was filed on 12/2004 ?
 
Ginnu and Others - Please advice ! Thanks


1) Any advantage taking Info pass appointment ?
2) Have we or our attorney receive any acknowledgment's after sending documents for porting priority dates ?
3) Is it compulsory that attorney has to initiate porting priority dates ?? Any advantage ?
4) Can we do by our self's ? IF we have approved I 140 notices and I 485 copies ? As 485 is our application ?

Actually my attorney sent necessary documentation to USCIS.
 
jkss12 said:
Ginnu and Others - Please advice ! Thanks


1) Any advantage taking Info pass appointment ?
----------------if the file is with service center it will not help
2) Have we or our attorney receive any acknowledgment's after sending documents for porting priority dates ?
-----------------NO
3) Is it compulsory that attorney has to initiate porting priority dates ?? Any advantage ?
-----------------you or your attorney can do it
4) Can we do by our self's ? IF we have approved I 140 notices and I 485 copies ? As 485 is our application ?
-YES
Actually my attorney sent necessary documentation to USCIS.
------------------then what is the need to ask if attorney has sent letter to USCIS???
Click to expand...

-----------------------
 
question

Do we have to pay any fee when we request for such transfer ?
Is there any specific forms to fill or its simple request ?

I am asking you because i have EB3-I140 approved and going to file EB2-I140, so if it approves i can do the same thing as suggested below.

Thanks
CaLCAWaiting

ginnu said:
NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition

This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007
Click to expand...
 
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