140/485 concurrent filing with old priority date

T

tamizhan24

Registered Users (C)
Hello All,
Here is a summary of my case:

Have approved PERM and I-140 under EB3 with a priority date of August 2004 with previous employer and the employer has NOT revoked the 140. I have the original approval notice with me.

Got PERM approved under EB-2, through current employer with a priority date of September 2009

I would like to know if I can apply for 140/485 currently, requesting the USCIS to use my previous 1-140 PD of August 2004, but applying the concurrent 140 in EB-2 using the older PD.

Hopefully it is not confusing and someone can answer.

Thanks
Tamizhan24
 
I would suggest filing for I-140 first without filing concurrently. File for I-140 requesting the PD recapture from your previous I-140 petition (submit a copy of your previous I-140 approval). File for premium processing so that you will know - quickly - within 15 days - if they approve your PD recapture. Then you will know if you can proceed for I-485.

Good luck.

tamizhan24 said:
Hello All,
Here is a summary of my case:

Have approved PERM and I-140 under EB3 with a priority date of August 2004 with previous employer and the employer has NOT revoked the 140. I have the original approval notice with me.

Got PERM approved under EB-2, through current employer with a priority date of September 2009

I would like to know if I can apply for 140/485 currently, requesting the USCIS to use my previous 1-140 PD of August 2004, but applying the concurrent 140 in EB-2 using the older PD.

Hopefully it is not confusing and someone can answer.

Thanks
Tamizhan24
Click to expand...
 
Hi,
Thanks for the response. Not the response I was hoping to get :)

I do not think I am eligible for premium processing of I-140, because PP is allowed only for those who will need a 140 approval to be able to exten their H1s.

The Priority date is current for August 2004 for EB2 (at least for April) and I want to see if I can apply for my 485/EAD in that month.
 
There is nothing that I can think of that can stop you from filing concurrently if your PD is current. If you are not eligible for I-140 premium processing, file concurrently with a copy of your previous I-140 approval to recapture your PD. I would talk to the attorney to see if there is any downside to it.

tamizhan24 said:
Hi,
Thanks for the response. Not the response I was hoping to get :)

I do not think I am eligible for premium processing of I-140, because PP is allowed only for those who will need a 140 approval to be able to exten their H1s.

The Priority date is current for August 2004 for EB2 (at least for April) and I want to see if I can apply for my 485/EAD in that month.
Click to expand...
 
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