10/17/07 Card Production Ordered

PD port: isn't it automatic?

GCFreedom:

Congrats on the approval.

I had a question about PD port as I am in same boat as you. My EB3 I-140 got approved long time back in 2004. Since I am from India & saw EB3 dates retrogressed, I applied for Eb2 & got I-140 approved in Aug, 2007. As per my lawyer, my old PD is still valid for EB2 also. But your post mentions that there is a process for PD porting. I would like to apply for PD porting to be on the safe side.

Do you have a format of the letter you sent to USCIS?

thanks.

GCfreedom said:
I had an EB3 Approved I-140 on July 2006. Since I'm from a retrogressed nation for EB3. I decided to apply for EB2 which I also qualify under. EB2 was filed concurrently on Nov. 2006.
Click to expand...
 
Congratulations. I received the cards first, then the approval letter. You will receive the plastic GC within a week.

Congratulations again
 
GC freedom

GC freedom,

Congrats Kabayan!!

Pls. help! I'm also in your same situation but I did not know before until I read your case in this forum that I can inform INS by myself. I got a problem with my lawyer & so much disappointed. I'm also qualified for EB-2 ever since I submitted my first LC-EB3 but that lawyer insisted that EB-3. For short I paid again for EB-2 to him but before the approval of LC under EB-2 during the July fiasco I submitted my EB-3 with another lawyer just to rush to have EAD for my derivatives. Now my I-485 under EB-3 w/ approved I-140 is pending (submitted by new lawyer), as well as the non-concurrent I-140 EB-2(submitted by the old lawyer). I tried to talk to the new lawyer and want me to pay separate case again. The other lawyer doesn't care anymore. Can I write directly to USCIS to port my I-140 EB-3(approved 09/15/05) to I-140 EB-2(pending 07/30/07) while it's still pending or wait the approval of I-140 EB-2 before letting them know? Will it harm my case? Can I let my employer sign the request letter or I can do it by myself? I want to take advantage of the current status. Can you post here the sample of your letter...You'll be o f great help to me and my family. Wish me all the luck and thank you so much.
 
EB3 PD Port request

Bartman0018 said:
GC freedom,

Congrats Kabayan!!

Pls. help! I'm also in your same situation but I did not know before until I read your case in this forum that I can inform INS by myself. I got a problem with my lawyer & so much disappointed. I'm also qualified for EB-2 ever since I submitted my first LC-EB3 but that lawyer insisted that EB-3. For short I paid again for EB-2 to him but before the approval of LC under EB-2 during the July fiasco I submitted my EB-3 with another lawyer just to rush to have EAD for my derivatives. Now my I-485 under EB-3 w/ approved I-140 is pending (submitted by new lawyer), as well as the non-concurrent I-140 EB-2(submitted by the old lawyer). I tried to talk to the new lawyer and want me to pay separate case again. The other lawyer doesn't care anymore. Can I write directly to USCIS to port my I-140 EB-3(approved 09/15/05) to I-140 EB-2(pending 07/30/07) while it's still pending or wait the approval of I-140 EB-2 before letting them know? Will it harm my case? Can I let my employer sign the request letter or I can do it by myself? I want to take advantage of the current status. Can you post here the sample of your letter...You'll be o f great help to me and my family. Wish me all the luck and thank you so much.
Click to expand...

Salamat pare. I can definitely share with what my experience is which I hope can help you in the process.

I initially filed EB3 with a lawyer (one major F-Up for delays). I filed my EB2 By myself (all phases LC, 140, 131, 765 & 485) with the help of this forum and a paralegal friend.

My situation may defer from your since your EB3 is filed with 485. Mine was filed on EB2. Good news is theres a way to request for your 485 to be processed under a different EB category despite it being already in play.

To answer your question, yes you can port your EB3 PD to your EB2. I think even request for your 485 to be processed under EB2 once your EB2 140 gets approved. To port the dates, yes you can request this while your other 140 is pending (But I chose to wait for both of my 140s to be approved).

Yes, you may send a letter your self to request this. (I did this on my own as well with my office managements support)

Attached is the Pearsons Memo I got from this site which encompasses the rule on Interfiling. Check which line best suites your case to site on your letter.

I'll look for my letter and post it today as a sample. You may need to fudge it a little.

Good luck bro.
 
Sample PD Port Letter

Bartman0018,

I've attached a PDF of the sample letter you may send directly to USCIS. I provided colored copies of the documents for review, just to make sure since I've encountered an RFE before on my EAD requesting for colored copies. Hope this helps.

Also if you search this site I found some samples before which may be good reference as well

Good luck and God Bless kabayan.
 
Forgot to ask

GC freedom,

I forgot to ask, what do you mean colored copies when i submit it? I'm planning to submit that letter by myself. You mentioned you have a paralegal friend, can you ask if I asked porting of date before the EB-2 is approved. What will happen if EB-2 I-140 is disapprove will it also wipe out my EB3 I-485? Thank you pare. It's hard to to be in a situation where you already fully paid a lawyer....now your begging them to answer your question. :(
 
PD Port

Hi Bartman0018,

What I meant about the colored copies are the attached documents to the letter I sent them. Please see the letter sample I sent. It has a list of attached documents to the letter. I also sent it as registered mail to make sure they receive it.

EB3 140 will not be affected if EB2 140 is denied.

About sending it before EB2 140 is approved. There are no rules attached to this. I personally sent my letter after both have been approved para lang sigurado.

Although, if you do a quick search on this forum on "interfiling" there were people who requested to port their PD at the actual time they submitted their EB2 140. Which makes me believe that it means it does not matter whether the EB2 has been approved yet or not.

My paralegal friend helped out on the 140 & 485s forms. PD Port, I took it upon myself to do and researched on this forum.

Hope it works out for you too man. Technically, EB2 Phil is current per Visa Bulletin at this time. which means irregardless of PD. Now if it starts to show retrogression dates. That's when PD port becomes useful.

As far as your 485s being process on EB3, I think your EB2 lawyer plans to file for Interfile processing after your EB2 140 is approved. May want to ask him what his intents are to avoid sending 2 letters with same intents.


Bartman0018 said:
GC freedom,

I forgot to ask, what do you mean colored copies when i submit it? I'm planning to submit that letter by myself. You mentioned you have a paralegal friend, can you ask if I asked porting of date before the EB-2 is approved. What will happen if EB-2 I-140 is disapprove will it also wipe out my EB3 I-485? Thank you pare. It's hard to to be in a situation where you already fully paid a lawyer....now your begging them to answer your question. :(
Click to expand...
 
GC Freedom,

This is what happen in my case Pare: My ist lawyer submitted a new LC(EB-2) on 07/02/07 w/c I thought as they promised must be 06/22/07. This was approved 07/05/07 w/ anotation by the labor in the LC document just for retrogression purposes I'm also qualified for EB-2. Since June 30 everybody is rushing to file 485 for the July 02(VB Fiasco)and that ist lawyer told me he can't file my paper right away because they have plenty of paperworks to do w/o even informing me that they have not submitted my EB-2 LC yet or they have any plans in mind. So I went to my paralegal friend in another lawyer and told me it might probably be like the H1-B style on first day it was already closed. I need the EAD for my derivatives since I'm the only one working in the family all are H-4 and my son is going to college. I was thinking if it will be closed again then it might probably take years again to get even that EAD. So for short my 485 w/ EB-3 was filed on July 02 @ 9:30AM USCIS office. Then around 12:00PM on same date this ist lawyer forwarded the email from Dept. of Labor EB-2 submission to our personnel dept. W/c I got shocked 'coz I kept on asking them if they already submitted my EB-2 on June w/c they said yes. Then on 07/05/07 it's approved. If i did not ask them to submit the I-140 EB-2 application, they will forget again not until July 30(w/o A# yet). Their reason is because they have 200 applications and they have priorities in filing per country(race). W/c made me really upset. I paid them tons of dollars since H1-B and 2 LC not including all the referrals I made to them. I trusted this lawyer all my life in the US since 2002. I was supposed to get my GC since last year if he only followed my request to be under EB-2. My company is a very good company, as well as my salary, my education and 15 years work experiences in our country in a top 10 corp. Now I don't just sit here. I realized, we immigrants should not rely our life to our lawyers and just keep on paying.

Anyway, pare the colored copies you meant, did you copy those documents to a colored paper you mean or just insert a colored paper for each type of document? Is there any specific color that we should use? I think I will be approved in my I-140 EB-2 because it's even indicated in the copy of my approved LC. The only doubt I have is, will USCIS get surprised that I'm sending it w/o lawyers representation now. Do you think they will care? I just don't want to make a wrong moves again and waste my EB-2....

Thanks pare.
 
Bartman0018,

For colored copies, just like a colored photo copy of the actual documents. In my case 2 Receipts of the 485 (Wife and I) and the two 140s Approval Notices. In your situation, since the other 140 is still pending, the receipt notice + copy of the other one that got approved.

I have never heard of the annotation on your LC because I did two separate. One in the old way Backlog Center for EB3 and the other as PERM.

To clarify, correct me please if I'm wrong. You have an EB3 approved 140 with pending 485. Plus, a pending EB2 140. Is this right?

I can only tell you what I did, which was sending a letter on my own. So I can't really answer if it's better for the letter to be sent by a lawyer.

Seems like you have good relations with your office. Since the other 140 is still pending (technically, this document is property of your employer) I suggest you add in a supplemental letter that he is requesting to port the dates to EB2.

Sad to here that your lawyer's not working efficiently. That's why I decided to do it myself. What State are you in? I'm at CA.

Good Luck.

Bartman0018 said:
GC Freedom,

This is what happen in my case Pare: My ist lawyer submitted a new LC(EB-2) on 07/02/07 w/c I thought as they promised must be 06/22/07. This was approved 07/05/07 w/ anotation by the labor in the LC document just for retrogression purposes I'm also qualified for EB-2. Since June 30 everybody is rushing to file 485 for the July 02(VB Fiasco)and that ist lawyer told me he can't file my paper right away because they have plenty of paperworks to do w/o even informing me that they have not submitted my EB-2 LC yet or they have any plans in mind. So I went to my paralegal friend in another lawyer and told me it might probably be like the H1-B style on first day it was already closed. I need the EAD for my derivatives since I'm the only one working in the family all are H-4 and my son is going to college. I was thinking if it will be closed again then it might probably take years again to get even that EAD. So for short my 485 w/ EB-3 was filed on July 02 @ 9:30AM USCIS office. Then around 12:00PM on same date this ist lawyer forwarded the email from Dept. of Labor EB-2 submission to our personnel dept. W/c I got shocked 'coz I kept on asking them if they already submitted my EB-2 on June w/c they said yes. Then on 07/05/07 it's approved. If i did not ask them to submit the I-140 EB-2 application, they will forget again not until July 30(w/o A# yet). Their reason is because they have 200 applications and they have priorities in filing per country(race). W/c made me really upset. I paid them tons of dollars since H1-B and 2 LC not including all the referrals I made to them. I trusted this lawyer all my life in the US since 2002. I was supposed to get my GC since last year if he only followed my request to be under EB-2. My company is a very good company, as well as my salary, my education and 15 years work experiences in our country in a top 10 corp. Now I don't just sit here. I realized, we immigrants should not rely our life to our lawyers and just keep on paying.

Anyway, pare the colored copies you meant, did you copy those documents to a colored paper you mean or just insert a colored paper for each type of document? Is there any specific color that we should use? I think I will be approved in my I-140 EB-2 because it's even indicated in the copy of my approved LC. The only doubt I have is, will USCIS get surprised that I'm sending it w/o lawyers representation now. Do you think they will care? I just don't want to make a wrong moves again and waste my EB-2....

Thanks pare.
Click to expand...
 
GC Freedom,

Disregard my question about colored paper....I'm fine...got it already and ready to go...

Thank you ulit pare. God bless you and your family always....

wish me all the luck!!!
 
congrats GC_FREEDOM

My signature
Labor- 1/04 EB2
I1485-> 05/05, VSC->NSC(07/07) several LUDS.. waiting for approval this month
 
Went home for lunch today and checked the mail.
I received the PR Cards for myself and my wife.

Thanks once again everyone and good luck my friends...
 
You must log in or register to reply here.
Top